History of the Church of Scotland, beginning the year of Our Lord 203 and continuing to the end of the reign of King James VI

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THE HISTORY

OF

THE CHURCH OF SCOTLAND,

BY

JOHN SPOTTISWOOD.

ARCHBISHOP OF ST ANDREWS.

IN THREE VOLUMES.
VOLUME III,

EDINBUKGH: M.BCCCL,

At a Meeting of the Committee of THE BANNATYNE
CLUB, held on Monday, the 29th of March 1847.

Resolved,

That Club Paper be furnished for One Hundred and Twelve Copies of
the Edition of ARCHBISHOP SPOTTISWOOD'S HISTORY OF THE
CHURCH OF SCOTLAND, in three volumes, octavo, to be Edited by

Bishop Russell for the Spottiswoode Society.

■»

At a Meeting of the Committee of THE BANNATYNE
CLUB, held on Thursday, the 31st of August 1848.

A letter from the Secretary of the Spottiswoode Society was read, ex-
plaining that arrangements were now made with Messrs Oliver & Boyd for
completing the republication of Akohbishop Spottiswood's History, under
the supeiiateudence of Mabk Napiee, Esq., Advocate, in the event of the
Bannatyne Club continuing their Subscription, upon the same terms, as had
been agreed upon, when the Work was originally undertaken.

The CoMmTTEE directed the Secretary to express their willingness to
accede to the proposed arrangement, as their chief desire was to have the
Work completed under the charge of an ostensible Editor, whose name might
be a svifficient guarantee for the fidelity of the republication.

Extracted from the Minutes,

David Laing, Secretary.

HISTORY

CHURCH OF SCOTLAND,

BEGINNING THE YEAR OF OUR LORD 203, AND CONTINUED
TO THE END OF THE REIGN OF KING JAMES VI.

RIGHT REV. JOHN SPOTTISWOODE,

ARCHBlSIfOP OF ST ANDRKWS, AND LORD CHANCELLOR
OF SCOTLAND.

BIOGRAPHICAL SKETCH AND NOTES,

RIGHT REV. M. RUSSELL, LL.D., D.C.L.

IN THREE VOLUMES.

VOLUME III.

EDINBURGH :

PRINTED FOR THE SPOTTISWOODE SOCIETY

M.DCCCLI.

,0=^^^^^

THE

HISTORY

CHURCH OF SCOTLAND.

THE SIXTH BOOK CONTINUED.

>HE next year began with a trouble in the
borders, which was hke to have disturbed the
peace betwixt the two realms, and arose upon
this occasion. The Lord Scroope being then
warden of the west marches of England, and
the laird of Buccleuch having the charge of Liddisdale, thej
sent their deputies to keep a day of truce for redress of some
ordinary matters. The place of meeting was at the Day holme
of Kershop, where a small brook divideth England from Scot-
land, and Liddisdale from Bow Castle. There met as dep-
uty for the laird of Buccleuch Robert Scott of Haining ; and
for the Lord Scroope, a gentleman witliin the west wardenry,
called Mr Salkeld. These two, after truce taken and pro-
claimed, as the custom was, by sound of trumpet, met friend-
ly, and, upon mutual redress of such wrongs as were then
complained of, parted in good terms, each of them taking his
way homewards. Meanwhile it happened one Wilham Arm-
strong, commonly called Will of Kinmouth, to be in company
with the Scottish deputy, against whom the English had a
quarrel for many wrongs he had committed, as he was indeed
a notorious thief. This man having taken his leave of the
VOL. ni. 1

2 THE HISTOUY OF THE [a. D. 1596.

Scots deputy, and riding down the river of Liddle on the
Scottish side towards his own house, was pursued by the
English that espied him from the other side of the river, and
after a chase of three or four miles taken prisoner, and
brought back to the Enghsh deputy, who carried him away
to the castle of Carlisle.

The laird of Buccleuch complaining of the breach of truce
(which was always taken fi*om the time of meeting unto the
next day at sunrising), wrote to Mr Salkeld, and craved re-
dress. He excused himself by the absence of the Lord
Scroope. Whereupon Buccleuch sent to the Lord Scroope,
and desired the prisoner might be set at liberty without any
bond or condition, seeing he was unlawfully taken. Scroope
answered, " that he could do nothing in the matter, it having
so happened, without a direction from the queen and council
of England, considering the man was such a malefactor.
Buccleuch loath to inform the king of what was done, lest it
might have bred some misliking betwixt the princes, dealt
with Mr Bowes, the resident ambassador of England, for the
prisoner's liberty ; who wrote very seriously to the Lord
Scroope in that business, advising him to set the man free,
and not to bring the matter to a farther hearing. But no
answer was returned. The matter thereupon was imparted
to the king, and the queen of England solicited by letters to
give direction for his liberty ; yet nothing was obtained.
Which Buccleuch perceiving, and apprehending both the
king, and himself as the king's officer, to be touched in
honour, he resolved to work the prisoner's relief by the best
means he could.

And upon intelligence that the castle of Carlisle, wherein
the prisoner was kept, was surprisable, he employed some
trusty persons to take a view of the postern-gate, and measure
the height of the wall, which he meant to scale by ladders ;
and if those failed, to break through the wall with some iron
instruments, and force the gates. This done so closely as he
could, he drew together some two hundi*ed horse, assigning
the place of meeting at the tower of Morton, some ten miles
from CarHsle, an hour before sunset. With this company
passing the water of Esk about the foiling, two hours before
day he crossed Eden beneath CarHsle bridge (the water
through the rain that had fallen being well thick), and came to

A. D. 1596.] CHURCH OF SCOTLAND. 3

the Sacery, a plain under the castle. There making a little
halt at the side of a small burn which they call Cadaye, he
caused eighty of the company to light from their horses, and
take the ladders and other instruments which he had pre-
pared with them. He himself accompanying them to the
foot of the wall, caused the ladders to be set to it ; which
proving too short, he gave order to use the other instruments
for opening the wall nigh the postern, and finding the busi-
ness like to succeed, retired to the rest whom he had left on
horseback, for assuring those that entered upon the castle
against any eruption from the town. With some little labour
a breach was made for single men to enter, and they who
first went in brake open the postern for the rest. The
watchmen and some few the noise awaked made a little re-
sistance, but they were quickly repressed and taken captive.
After which they passed to the chamber wherein the pri-
soner was kept, and having brought him forth, sounded a
trumpet, which was a signal to them without that the enter-
prise was performed. The Lord Scroope and Mr Salkeld.
were both within the house, and to them the prisoner cried
a good night. The captives taken in the first encounter
were brought to Buccleuch, who presently returned them to
their master, and would not suffer any spoil or booting, as
they term it, to be carried away : he had straitly forbidden
to break open any door but that where the prisoner was
kept, though he might have made prey of all the goods
within the castle, and taken the warden himself captive ; for
he would have it seen that he did intend nothing but the re-
paration of his majesty's honour. By the time that the prisoner
was brought forth, the town had taken the alarm, the drums
were beating, the bells ringing, and a beacon put on the top
of the castle to give warning to the country. Whereupon
Buccleuch commanded those that entered the castle and the
prisoner to horse, and marching again by the Sacery, made
to the river at the Stony bank ; on the other side whereof
certain were assembled to stop his passage : but he causing
sound the trumpet took the river, day being then broken ;
and they choosing to give him way, he retired in order
through the Grahams of Esk (men at that time of great
power and his unfriends), and came back into Scottish ground
two hours after sunrising, and so homewards.

4 THE HISTORY OF THE [a. D. 1596.

This fell out the thirteenth of April 1596. The queen of
England having notice sent her of what was done stormed
not a little. One of her chief castles surprised, a prisoner
taken forth of the hands of the warden and carried away, so
far within England, she esteemed a great affront. The
Kegcr, Mr Bowes, in a frequent convention kept at Edin-
burgh the twenty-second of May, did, as he was charged, in
a long oration aggravate the heinousness of the fact, conclud-
ing that peace could not longer continue betwixt the two
realms, unless Buccleuch were delivered in England to be
punished at the queen's pleasure. Buccleuch compearing,
and charged with the fact, made answer, that he went not
into England with intention to assault any of the queen's
houses, or to do wrong to any of her subjects, but only to re-
lieve a subject of Scotland unlawfully taken, and more un-
lawfully detained ; that in the time of a general assurance, in
a day of truce, he was taken prisoner against all order,
neither did he attempt his relief till redress was refused; and
that he had carried the business in such a moderate fashion,
as no hostility was committed, nor the least wrong offered to
any within the castle. Yet was he content, according to the
ancient treaties observed betwixt the two realms, whenas
mutual injuries were alleged, to be tried by the commissioners
that it should please their majesties to appoint, and submit
himself to that which they should decern. The convention
esteeming the answer reasonable did acquaint the ambas-
sador therewith, and offered to send commissioners to the
borders with all diligence, to treat with such as the queen
should be pleased to appoint for her part.

But she, not satisfied with the answer, refused to appoint
any commissioners ; whereupon the council of England did
renew the complaint in July thereafter, and the business
being of new agitated, it was resolved as of before that the
same should be remitted to the trial of commissioners ; the
king protesting, that albeit he might with greater reason
crave the deUvcry of the Lord Scroope for the injury com-
mitted by his deputy, it being less favourable to take a
prisoner than to relieve him that is unlawfully taken, yet
for the continuing of peace he would forbear to do it, and
omit nothing on Ids part that could be desired either in equity
or by the laws of friendship. The borderers in the mean-

A. D. 1596.] CHURCH OF SCOTLAND. 5

time making daily incursions one upon another filled all those
parts with trouble, the English being continually put to the
worse ; neither were they made quiet till, for satisfying the
queen, the laird of Buccleuch was first committed in St
Andrews, and afterwards entered in England, where he re-
mained not long.'

At the same time, for bringing the isles to obedience.
Colonel Stewart was employed to levy a thousand men,
every shire furnishing twenty horsemen and thirty foot, or
so much money as would sustain them, allowing the horse-
men twenty -four pounds monthly, and the foot twelve pounds,
besides the supply , of the free burghs. These companies
were appointed to meet at Dumbarton the twentieth of Au-
gust, for attending the king or his lieutenant by the space of
forty days, according to the custom, and when the day was
come were commanded to follow the colonel, as designed
lieutenant by the king. But upon the bruit of this ex-
pedition the principals of the isles did all submit themselves,
offering obedience, and to appear before the king at the time
his majesty should appoint. So that expedition ceased, the
colonel going no farther than Islay, where he remained a few
days, and took assurance for their compearing.

In the March preceding, the Assembly of the Church con-
vened at Edinburgh, for consulting upon the dangers threat-
ened to religion by the invasion of the Spaniard, which was
then generally noised. Some brethren directed to lay open
the perils to his majesty, returned with this answer, " That
albeit there was no great cause to fear any such invasion at
that time, yet they should do well to give their advice as if
the danger were at hand, which would serve when necessity
did require." The Assembly upon this thought meet to
enter into consideration both of the dangers and remedies ;
and first to inquire upon the causes that had provoked God
to threaten the realm with that tyrannous nation, to the end
the same might be removed ; then to deliberate how by
ordinary lawful means the enemy should be resisted. The
causes they condescended to be the sins of all estates, and
especially the sins of the ministry ; which they held best
should be penned and drawn to certain heads, that the cor-
ruptions being laid open, the remedies might be the better
' [See note to this Book — E.]

6 THE HISTORY OF THE [a. D, 1596.

provided. For this work some of the brethren were named
and set apart, who, after a day or two, presented in writing a
number of articles touching the corruption of ministers, as
well in their offices as in their lives and manners ; the
offences in the king's house, in the court, and in the judg-
ment-seats ; the defection and faults common to all estates ;
and the remedies which in their opinion were fit to be used.
The Assembly allowing their labours, and acknowledging
their own guiltiness in that which concerned themselves,
ordained a day of humihation to be kept on Tuesday the
week following by the ministers that were present, for re-
concihng themselves to God, and making up a new covenant
with him for the better discharge of their duties. This is
the covenant that by some is so often objected, and said to be
violated by those that gave obedience to the canons of the
Church; albeit in it there is not a word or syllable that sounds
either to the confirming of the Church government then in
use, or to the rejecting of that which since hath been estab-
lished. But when other arguments fail them, somewhat must
be said to entertain the conceits of the popular. By this cov-
enant all did bind themselves to abide in the profession of the
truth, and to walk according to the same, as God should enable
them. But for the rules of policy, or ceremonies serving to
good order or decency, let inspection be taken of the register
which is extant, and it shall clearly appear, that at the time
there was not so much as any mention thereof made.

But to proceed : the advice they gave for resisting the
practices of the enemy was, " That all who had kithed in
action with the popish lords should enter their persons in
ward, till assurance was given that they should neither keep
intelligence with the rebels, nor join with them in case they
did return into the country, that the rents and livings of
the rebels should be uplifted for entertainment of soldiers,
and supporting other necessary affairs, that, in every parish,
captains should be chosen for the mustering and training of
men in arms, and some commanders in every shire appointed
for convening the county at needful occasions, lastly, that they
who were sureties for the good behaviour of the rebels with-
out the realm should be called, and decerned to pay the sums
contained in their bonds."

This advice presented to the king went much against his

A. B. 1596.] CHURCH OF SCOTLAND. 7

mind ; for his desire was to have the banished lords reclaimed
and brought to obedience, which he esteemed to be the
greatest assurance both of his own peace and the country's
quiet : therefore did he only answer, " That if it could be
proved that the lords since their departing from Scotland
had trafficked with strangers to the prejudice of religion or
state, they should be used with all extremity ; but otherwise
neither could their cautioners be convicted, nor would he
change the course which he had kept with their wives and
children." Not long before this Assembly the king had
communicated his mind to Mr Robert Bruce touching that
business, hoping that by the sway he carried in those meet-
ings some such propositions as tended to the reclaiming of
the banished lords should have been made by the Assembly ;
but finding his expectation not answered, he brake to him the
matter of new, and showed " how greatly it concerned his
estate to have them reduced and called home; that the
queen of England was grown old, and if any should after
her death withstand his title, he would have need of his sub-
jects' assistance ; and that having so many nobles exiled, he
would be less respected of strangers, and be a great deal
weaker at home. If he could therefore win them to acknow-
ledge their offence, and to embrace the true religion (without
which they should never get any favour from him), he be-
lieved the course would not be disallowed of wise men and
those that loved him. Always he desired to know his judg-
ment, for as yet he had not showed his mind in that matter
to any person."

Mr Robert, being as then in great favour and credit with
the king, said, " that he did think well of his majesty's reasons;
and that he should not do amiss to bring home Angus and
ErroU, so as they would conform themselves in rehgion. But
that Huntly could not be pardoned, being so hated as he was
of the subjects." The king reasoning to the contrary, " That
if Huntly should be willing to satisfy the Church and fulfil
the conditions which he would require of him, he saw no
reason why he should not be received as well as the other
two ; and as he could not but know that his care of that man
was great, and he liaving married his cousin, whom he ac-
counted his own daughter, so was he the man of greatest
power, and one that could stand him in most stead. There-

8 THE HISTORY OF THE [a. D. 1596.

fore desired Mr Robert to think of that matter, and after a
day or two give him his advice in it." At the next meeting
being inquired wliat he had thought of the business, he
answered as before, saying, " That Huutly's return would
be ill interpreted, and offend all good men." The king re-
peating the former reasons, and adding, " That if ho brought
one home he would bring them all ;" he replied, " I see, sire,
that your resolution is to take Huntly in favour ; which if
you do, I will oppose, and you shall choose whether you will
lose Huntly or me ; for us both you cannot keep," This
saucy reply the king did never forget, and it was this which
lost him the favour which formerly he carried with the king.

Shortly after, the exiled lords not finding that respect
given unto them in foreign parts which they expected, took
a resolution to return, and to use all means for reconciUng
themselves to the king and chiirch. And that their return
might be the more secret, they separated one from another.
ErroU taking his journey homewards through the United
Provinces was intercepted, and delivered into the hands of
Mr Robert Danielston, conservator of the Scottish privileges,
to be kept by him till the king should be advertised. But,
whether by the conservator's knowledge or otherwise, he
made an escape and came into the country, Huntly came
some months before, and lurking quietly in the north, sent a
supplication to his majesty and the convention which met at
Falkland the twelfth of August, the effect whereof was, that
he might be permitted to return, and remain within any part
of the country his majesty should appoint, he giving sufficient
suret}^ for his quiet and peaceable behaviour.

The king having heard the supplication, took occasion to
say, " That one of two courses was needful to be followed
with him and the rest that were in his condition ; that is,
either utterly to exterminate them, their race, and posterity,
or then, upon their humble acknowledgment of their offence,
and surety made for the state of religion, to receive them in
favour ; for to continue in the condition wherein they presently
were, could not stand either with the safety of religion, or
with his own honour and estate. The first course," said he,
" hath its own difficulties, and will not be performed without
great trouble ; and for myself, so long as there is any hope
til at they may be reduced to the profession of the truth, I

A. D. 1596.] CHURCH OF SCOTLAND. 9

desire not their destruction, but like rather to extend my
clemency towards them ; which I believe is the mind of all
good and peaceable men. As to the present offer made by
Huntly, I do think it welP general, and to no purpose ;
therefore by your advice I would have particular conditions
condescended upon, such as may serve for the security of re-
ligion, mine own honour, and the tranquillity of the country.
Such conditions being offered, and security found for per-
formance, I should then think that license might be granted
him to return, he being confined in such a part of the country
as should be thought most convenient." The convention,
approving his majesty's judgment, resolved upon this as the
fittest course, remitting the conditions to be formed by his
highness and the lords of council.

In another convention of the Estates at Dunfermline, the
penult of September, the same conclusion was ratified, and
the baptism of the princess, who was born the nineteenth of
August, appointed to be at Halyrudhouse the twenty-eighth
of November next.

How soon this their return into the country was known,
and that such an act was passed in their favours, the commis-
sioners of the Church assembled at Edinburgh, where falling to
consider the dangers threatened to religion by their return, it
was thought necessary to acquaint all the presbyteries with the
present state of things ; particularly that the forfeited earls
were returned into the country without his majesty's warrant
and approbation ; that they remained peaceably in the same,
using all means to be restored to their livings, albeit they had
neither acknowledged their offence in that treasonable dealing
with the king of Spain, nor their defection and apostasy from
the truth ; and that they had obtained an act of council in
their favours at the convention of Falkland, which was rati-
fied thereafter at Dunfermline, whereby they were licensed
to remain upon certain conditions to be prescribed unto them
by his majesty and council, to the manifest hazard both of
Church and state, considering their continuance in the same
disposition to work mischief as before. Of these things they
were desired to inform their flocks ; and both in pubHc doc-
trine and private conference to stir up the people to appre-
hend the danger, and to be in readiness for resisting the same

' Very.

10 THE HISTORY OF THE [a, I>. 1596.

SO far as lavrfully they might. It was farther thought meet,
that a pubhc liumihation should be indicted through the whole
country the first Sunday of December, and the cause thereof
declared to be the return of the excommunicated lords, and
dangers thereby threatened to religion, which the ministers
should enlarge according to their discretions ; as also that
the presbyteries should call before them their entertainers,
resetters, and such as kept company with them, and proceed
summarily with the censures of the Church, una citatione,
quia periclitatur salus Ecdesice et Beipublica;. Lastly, they
concluded that a number of commissioners selected out of all
the quarters of the country should reside at Edinburgh, and
convene every day with some of the presbytery of Edin-
burgh, to receive such advertisements as should be sent
from other places, and take counsel upon the most expe-
dient in every case. The brethren nominated to this pur-
pose were Mr Alexander Douglas, Mr Peter Blackburn,
Mr George Gladstanes, and Mr James Nicholson for the
north parts ; Mr James Melvill, Mr Thomas Buchanan,
Mr Alexander Lindsay, and Mr William Stirling for the
middle part of the country ; Mr John Clapperton, Mr John
Knox, Mr George Ramsay, and IVIr James Carmichael for
the south ; and for the west Mr John Howson, Mr Andrew
Knox, John Porterfield, and Mr Robert Wilkie. Their at-
tendance was ordained to be monthly, and to begin in No-
vember ; at which time Mr James Nicholson, Mr James
Melvill, Mr Andrew Knox, Mr John Howson, and Mr
George Ramsay were appointed to wait : Mr Robert Bruce,
Mr Robert Pont, Mr David Lindsay, Mr James Balfour,
Mr Patrick Galloway, and INIr Walter Balcanqucl observ-
ing ordinarily all the meetings.

These conventions were by a new name called the council
of the Church, and appointed to be kept once every day at
least, for taking advice in every business that occurred.
By direction of this council Lord Alexander Seaton, pre-
sident of the session, was called before the synod of Lothian,
for keeping intelligence with the earl of Huntly, and by
them remitted back to that council ; before whom, with many
attestations, he purged himself of any dealing with Huntly,
or any of the papist lords, and, upon promise not to employ
his credit that way, was dimitted.

A. D. 1596.] CHURCH OF SCOTLAND. 11

The king suspecting these beginnings should end in some
trouble, but not liking to fall in contrary terras with the
Church, if by any means the same could be eschewed, com-
manded the president, secretary,, advocate, and laird of
Colluthie, to confer with the most moderate of the ministry,
and use their best means for satisfying them touching the
return of the forfeited lords. Mr David Lindsay, Mr
Patrick Galloway, Mr James Nicholson, and Mr James
Melvill being sent for to this conference, were desired to give
their opinions, " Whether or not, due satisfaction being
made to the Church by these lords (for otherwise the king
did not mean to show them any favour), they might be
pardoned and restored to their estates." The ministers
answering, " They came only to hear what was proponed,
and in a matter of that importance could say nothing unac-
quainting their brethren," the conference was delayed till
afternoon ; at which time returning they said, " That the
brethren were glad of the respect carried by his majesty to
the Church, and that his resolution was to give no favour to
those rebels till the Church was first satisfied. But in their
judgments, they having by God's law deserved death, and
being by the most sovereign court of the kingdom sentenced
to have lost their estates, they could not be lawfully pardoned
nor restored. And if the king and his council would take
on them to do it, they had God and the country to answer
unto ; but for them they would give no assent, but protest
to the contrary that they were free thereof before God and
man."

This answer seeming rather to proceed of passion than
any good zeal, it was next urged, " Whether upon their
humble and submissive suit to be reconciled, the Church
could deny to receive them, it being commonly held, that
the bosom of the Church should ever be patent to repenting
sinners." They answered, " That the Church indeed
could not refuse their satisfaction, if it were truly offered ;
nevertheless the king stood obliged to do justice." When
by no reasoning they could be wrought from these extrem-
ities, the conference brake off, and the effects thereof being
reported to the king, he was greatly commoved, inveighing
against the ministers at his table, in council, and everywhere.
The wiser sort, that foresaw the ill effects this rancour

12 THE HISTORY OF THE [a. D. 1596.

would breed, advised the ministers to send some of their
number, to understand what it was that did so offend the
king, and offer all satisfaction on their parts ; withal to lay
open their grievances, and in humble manner entreat a
redress of things which they esteemed hurtful.

Herein the same brethren being employed, they found
the king's answers more biting and peremptory than they
expected ; for being desired to show what it was that made
his majesty so offended with the Church, and professing to
amend it so far as lay in them, he said, there could be no
agreement so long as the marches of the two jurisdictions
were not distinguished ; that in their preachings they did
censure the affairs of the estate and council, convocated
general assemblies without his license, concluded what they
thought good, not once desiring his allowance and approba-
tion, and in their synods, presbyteries, and particular sessions,
meddle with everything upon colour of scandal; besides
divers other disorders, which at another time he would
propound and have reformed, otherwise it was vain to think
of any agreement, or that the same being made, could stand
and continue any while.

The ministers not willing to dip in these matters, after
they had in sober manner replied to each of these points,
fell to speak of their own grievances. As first, the favour
granted to the popish lords in the late conventions at
Falkland and Dunfermline ; the countenance given to the
Lady Huntly, and her invitation to the baptism of the
princess ; the putting of her in the hands of the Lady Living-
stone, an avowed and obstinate papist ; and, which grieved
them more than anything else, the alienation of his majesty's
heart from the ministers, as appeared by all his speeches
public and private. To this last the king did first reply,
saying, " That they had given him too just cause by their
raiUng against him, and his proceedings, in their sermons."
For the popish lords, he had granted nothing to them but
what the estate had found needful for the peace and quiet
of the realm. As to the Lady Huntly, he esteemed her a good
discreet lady, and worthy of his countenance ; and that she
was a papist they might blame themselves, who had never
taken care to inform her of the truth. Lastly, for his
daughter the princess, he had trusted her to the Lord Living-

A. D. 1596.] CHURCH OF SCOTLAND, 13

stone, a uobleman known to be of good religion, and not to
his lady, who should not be suffered to take any care of her,
unless she conformed in point of religion.

Whilst things thus passed betwixt the king and the Church,
a new occasion of trouble was presented by Mr David
Blake, one of the ministers of St Andrews, who had in one
of his sermons cast forth divers speeches full of spite against
the king, the queen, the lords of council and session, and
amongst the rest had called the queen of England an atheist,
a woman of no rehgion. This being delated to the Enghsh
ambassador, he complained to the king, and thereupon
was Mr David Blake cited to appear before the council
the eighteenth of November. Mr Andrew Melvill accom-
panying him to Edinburgh, did labour to make this a com-
mon cause, giving out that the same was done only for a
preparative against the ministers, to bring their doctrine
under the censure and eontrolment of the king and council ;
and so far he prevailed with the commissioners of the
Church, as they sent certain of their number to entreat the
deserting of the diet, saying, " It would be ill taken to draw
ministers in question upon trifling delations, whenas the
enemies of the truth were spared and overseen." The king,
some days before, had published the conditions upon which
he was to grant a protection to Huntly ; and asking these
commissioners if they had seen the conditions, said, " That
both he and the rest should either satisfy the Church in
every point, or be pursued with all extremity, so as they
should have no reason to complain of the oversight of
papists." For Mr Blake, he said he did not think much of
that matter, only they should cause him appear and take
some course for pacifying the English ambassador. " But
take heed," said the king, " that you do not decline the
judicatory ; for if you do, it will be worse than anything
yet fallen out."

\

Now the conditions proponed to Huntly were as foUoweth :
That he should give sufficient and reasonable caution of
inland-men and landed barons, to the number of sixteen at
least, who should be acted in the books of council under the
pain of forty thousand pounds (each two of the cautioners
conjunctly and severally for five thousand pounds of the said

14 THE HISTORY OF THE [a. D. 1596.

sum), that he should faithfully observe and fulfil the whole
articles undermentioned, and every one of them. As first,
that betwixt that and the first day of April next to come, he
should either satisfy the Church for his apostasy, and return
to the bosom thereof in uniformity of rehgion, or before the
expiring of the said time depart again forth of the country,
and not return without his majesty's hcense,

2. Next, that during the said space, he should not receive
in his company any Jesuit, mass-priests, or excommunicate
papists, nor have any dealing, communication, or intelligence
with them, especially with his uncle Mr James Gordon ; nor
suffer his children, in case any be brought forth in the mean
time, to be baptized by another than a minister.

3. That so long as he remained in the country, as likewise
in case of his departing at the time aforesaid, he should not
traffic with any stranger or others whomsoever for alteration
of the true religion, or disquieting the state of the country
in any sort.

4. That his former cautioners should remain obhged, in
case after lawful trial it should be found that since his last
departing he had trafficked with strangers for subversion of
religion or the alteration of the state, in the sums for which
they were bound.

5. That he should presently enter his person in ward
within such a place as his majesty should appoint.

6. That, within fifteen days next, he should enter his
eldest son and apparent heir as a hostage to his majesty for
observing the articles before and after mentioned ; and that
his said son should abide in such company, ward, or castle,
as his majesty should appoint, where most conveniently he
might be instructed in the true religion, and not escape by
his father's knowledge or assistance.

Lastly, That he should compear personally before the
council whensoever he should be called, upon fifteen days'
warning, for trying the contravention of any of the articles
above expressed ; providing the cause for which he should
be charged were expressed in the letters, and warrant given
him that he should not be challenged for any other fact done
before his last passing forth of Scotland.

These articles the king caused to be imprinted, that all

A. D. 1596.] CHURCH OF SCOTLAND. 15

men might see he meant not to bestow any favour either
upon him oi* the rest, unless they joined themselves to the
rehgion publicly professed. Yet this served not to stop the
mouths of people, nor did it remove the jealousy of the
preachers, who were daily complaining " That papists were
favoured, the ministers troubled for the free rebulce of sin,
and the sceptre of Christ's kingdom sought to be overthrown.
The process, they said, intended against Mr Blake was but
a policy to divert the ministers from prosecuting their suit
against the popish earls ; and if he should submit his doctrine
to the trial of the council, the liberties of the Church and
spiritual government of the house of God would be quite
subverted. In any case therefore they concluded that a de-
clinator should be used, and protestation made against these
proceedings." This was held a dangerous course, and earnest-
ly dissuaded by some few ; but they were cried down by the
greater number, that said " it was the cause of God, whereunto
it concerned them to stand at all hazard." So a declinator
was formed and given Mr Blake to present, bearing this in
substance :

" That howbeit the conscience of his innocency did uphold
him sufficiently against the calumnies of whomsoever, and
that he was ready to defend the doctrine uttered by him,
whether in opening the words or in application ; yet seeing
he was brought thither to be judged by his majesty and
council for his doctrine, and that his answering to the pre-
tended accusation might import a prejudice to the liberties of
the Church, and be taken for an acknowledgment of his
majesty's jurisdiction in matters merely spiritual, he was
constrained in all humility to decline that judicatory for the
reasons following : First, Because the Lord Jesus, of whom
he had the grace of his calling, had given him (albeit un-
worthy of the honour to bear his name) his word for a rule
of his preaching, and that he could not fall in the reverence
of any civil law, but in so far as he should be tried to have
passed his instructions, which trial belonged only to the
prophets and pastors, the spirits of the prophets being sub-
ject to them alone ; for as first it must be declared whether
he had kept his instructions or not. 2. In regard the liberty
of the Chm'ch and discipline presently exercised was con-
firmed by divers acts of pai'liament, and the office-bearers

16 THE HISTORY OF THE [a D. 1596.

thereof peaceably possessed therein, particularly in the judi-
catory of the word preached (as was clear by divers late
examples), he ought to be remitted for his preaching to the
ecclesiastic senate, as his competent judge in the first instance.
For which and for other weighty considerations, and namely
for eschewing the inconveniences that might fall to religion
and his majesty's own estate, by the appearance of distrac-
tion and aUenation of his majesty's mind from the ministry
and the cause of God in their hands, he for himself, and in
name of the commissioners of the General Assembly, who
had subscribed the same declinator, did humbly beseech his
majesty not to infringe the liberties of the Church, but rather
manifest his care in maintaining the same."

When the diet came, and the summons was read, being
desired to answer, he said, " That albeit he might object
against the citation, the same being directed super inquirendis,
contrary to the form prescribed by parliament, and no par-
ticular specified therein, yet he would take him to the usual
remedy of law, and desire to be remitted to his own ordinary."
It was asked what ordinary he meant ? He answered, " The
presbytery wh^e the doctrine was taught." The king then
replying that the matter laid to his charge was civil, and
that the generality of the summons was restricted to the
particular letter produced by the English ambassador, he
said, " That the speeches wherewith he was charged being
uttered in pulpit must be judged by the Church, in prima
instantia." Again being inquired whether the king might
not judge matters of treason, as well as the Church did
judge points of heresy, he said, " That speeches deUvcred in
pulpit, albeit alleged to be treasonable, could not be judged
by the king till the Church took first cognition thereof ; but
that he was not come thither to solve questions, and so pre-
sented the declinator." The king, notwithstanding that he
was greatly offended (because the day appointed for the
baptism of the princess was approachmg), continued all
farther proceeding to the last of November.

Meanwhile had the commissioners for the Church sent a
copy of Mr Blake's declinator with a letter to all the presby-
teries, requiring them for the greater corroboration of their
doings to subscribe the same, and to commend the cause in
hand in their private and public prayers to God, using their

A. D. 1596.] CHURCH OF SCOTLAND. 17

best credit with their flocks, and employing all their labours
for the maintenance thereof. The king being mightily in-
censed with this doing, as tending to a direct mutiny, and
the stirring up of the subjects to rebellion, gave forth a pro-
clamation, wherein he said :

" That certain persons of the ministry abiding in the town
of Edinburgh had of long time continued together devising
plots prejudicial to his majesty's authority, and, usurping a
power over their brethren, had directed letters for subscrib-
ing a declinator formed and already subscribed by themselves,
requiring them with the return of their subscriptions to send
some of their number to assist their proceedings, as though
they were not subjects, and that the king had no power nor
authority over them, intending, as appeared, by convocations
and the like tumultuous forms, to break the peace and make
an insurrection in the country ; whereas no care in the mean-
time was taken of their flocks, but the same left comfortless
and destitute of the preaching of the word ; all which they
coloured with a general commission alleged to be given by
the last General Assembly ; albeit there was no such com-
mission, that which they produced containing only a power
to consult and report, and not to set down acts, or exercise
any jurisdiction : and granting that any such a commission
had been given, the same could not be lawful, as given with-
out the consent and approbation of his majesty's commis-
sioners, who were present at the time. Therefore to prevent
the disorders and confusion which therethrough might arise,
his highness, with the advice of the council, discharged the
said commission as unlawful in itself, and more unlawfully
executed by the said commissioners ; commanding the per-
sons underwritten, namely, Mr Andrew Melvill, Mr James
Melvill, Mr John Davidson, Mr Nicoll Dalgleish, Mr James
Nicholson, Mr James Carmichael, and John Clapperton, to
depart home to their several flocks within twenty-four hours
after the charge, and to attend upon the lawful discharge of
their caUings, and noways to return for keeping such unlaw-
ful convocations, either within the said burgh or without,
under the pain of rebellion,"

The commissioners, upon information that such a charge
was directed, fell to consult what course they should take ;
and first they resolved, " That since they were convened by

VOL, III, 2

18 THE HISTORY OF THE [a. D. 1596.

the warrant of Christ, in a most needful and dangerous time,
to see unto the good of the Church, Et ne quid Ecclesia de-
trimenti caperet, they sliould obey God rather than man ;
and, notwithstanding of any charge that shoidd be given,
continue together so long as conveniently they might, and in
the mean time send some of the number to the Octavians
(this was the title commonly given to those eight councillors
that were trusted with all affairs), to advertise them, that
seeing the Church at their entry to their places enjoyed a
full peace and liberty, and that now it was cast into great
troubles,' and the enemies of the truth spared and overlooked,
they could not but think that all this proceeded from their
counsels ; and therefore whatsoever the event should be, the
Church would take herself to them, and they only sliould bear
the blame." The president answering in choler said, " That
these controversies were begun without their advice, and so
they should end ; that for their good service they had reaped
small thanks, and drawn upon themselves much envy, and
therefore would have no meddling in that business betwixt the
king and them, but leave it to him and his nobility."

This answer put them to a second advice, and thinking
they were mistaken, and that these councillors were not in
the fault, but that all proceeded from the king himself, they
sent Mr David Lindsay, Mr Robert Rollock, Mr James
Nicholson, and James Melvill, to declare unto his majesty the
great inconveniences that were like to arise upon this hard
dealing with the Church, and humbly entreat a surcease of
the process intended against Mr David Blake, and that all
other controversies might be left off till some order was taken
with the papists, and an assembly convocated for deciding
these questions to his highness's content. The king answer-
ed, " That it was not his fault, and that he was no less dis-
pleased than they were with the controversies arisen ; and
that yet if they would pass from the declinator, or declare
at least that it was not a general, but only a particular de-
clinator, used in the cause of Mr David Blake, as being a
cause of slander, and pertaining to the judgment of the
Church, he should also pass from the summons and cease his
pursuit."

This yielding offer of the king was by the advice of the
wiser sort thought good to be accepted, that there might be

A. D. 1596.] CHURCH OF SCOTLAND. 19

an end of contention ; " for if," said they, " we go to try our
strength with the king, we shall be found too weak. As
yet the court stands in some awe of the Church, and whilst
they are in this conceit, it shall be meet to take the best
conditions we can have ; for if by our strictness matters go
to the worst, our weakness shall soon appear, and thereafter
shall the Church be no more feared nor regarded ; too great
stiffness doth seldom succeed well, and it is often seen, that
they who will have all their wills, do lose all in the end."
This was the reasoning of the wise and more moderate sort.
Others flattering themselves in their preciseness held, " that
the only way to prevail was to stand by their grounds ; the
cause was God's, which he would maintain ; that worldly
powers were not to be feared ; and that God had in his hand
the hearts of princes to turn them whither he pleased, where-
of in the present business they had seen a proof." The debate
held long, and, in end, by most voices it was concluded that
they should stand to the declinator, unless the king would
pass from the summons, and, remitting the pursuit to the ec-
clesiastical judge, make an act of council, that no minister
should be charged for his preaching, at least before the
meeting of the General Assembly. The king, perceiving his
offer neglected, Avas in great wrath, and told them who were
sent unto him, that he would hearken to no agreement unless
they should pass simply from the declinator, and cause Mr
Blake compear, and acknowledge the judicatory. Which
being refused, the proclamation was published, the commis-
sioners charged to depart forth of the town, and Mr Blake
by a new summons cited to the last of November.

The next day being Sunday, and the day of the princess's
christening, the same was kept in the palace of Halyrudhouse
with great joy and feasting. The English ambassador did
name the Princess Elizabeth after the queen his mistress, the
town of Edinburgh by the magistrates assisting as witnesses,
such honour did the king unto them. But all that day in
the town churches were bitter invectives made against the
two proclamations ; for besides the charge given the commis-
sioners to leave the town, by another proclamation the barons,
gentlemen, and all other subjects were discharged to convene
with the ministry, either in presbyteries or synods, or any
other ecclesiastical meetings, under whatsoever colour or pre-

20 THE HISTORY OF THE [a. D. 1596.

tence, without his majesty's license. These things were
mightily aggravated by the preachers, and the people ex-
ceedingly stirred; at which the king more and more offending,
he resolved to keep the diet assigned for Mr Blake's appear-
ing in the council-house of Edinburgh, accompanied with his
nobles that were present at the baptism.

The commissioners advertised of this (for all that time
some gentlemen of the chamber, in hatred of the Octavians,
gave intelhgence of every thing that was intended), did form
a petition to be presented to his majesty and the noblemen,
consisting of three heads. '• First, they entreated the king,
that seeing the decision of such thorny and intricate questions
as were moved at that time to the trouble of the Church
could work no good, and was subtilcly urged only to engender
a dissension between hismajest}^ and the ministers, he would
be pleased to remit the determination thereof to a lawful as-
sembly, and not to encroach upon the limits of Christ's
kingdom upon any pretence, bending his actions, according
to the present necessity, against the common enemies of re-
ligion and state. Next, they exhorted the noblemen to give
his majesty a free and faithful counsel in that business ; and
as to the honom* of God and their own just praise, they had
kept themselves free both in counsel and action from work-
ing any prejudice to the liberty of the gospel, so they would
not suffer themselves to be drawn at that time under the
guiltiness of so great a sin by the craft of those who w^ere
subtilcly seeking the thraldom of the gospel, and thought to
make their honours the executors of their malicious devices.
And, thirdly, that by their credit they would procure a
continuation of all controversies unto a free and lawful as-
sembly, where the same might be gravely reasoned and
concluded." This petition was given to Mr David Lindsay,
Mr Robert Bruce, and Mr Robert Rollock, to be presented ;
and if the same was refused, they were enjoined to protest
against the proceeding of the council.

The king receiving the petition, after he had overviewed
it, did reject the same as not worthy of answer, commanding
to call Mr Blake, and read the summons. Therein he was
charged. First, to have aflSrraed in pulpit that the popish
lords were returned into the country with his majesty's
knowledge, and upon his assurance, and said that in so

A. D. 1596.] CHURCH OF SCOTLAND. 21

doing he had " detected the treachery of his heart." Secondly,
that he had called all kings " the devil's bairns," adding that
" the devil was in the court and in the guiders of it." Thirdly,
that in his prayer for the queen he had used these words,
*' We must pray for her for the fashion, but we have no cause,
she will never do us good." Fourthly, that he had called
the queen of England an atheist. Fifthly, that he had
discussed a suspension granted by the lords of session in
pulpit, and called them miscreants and bribers. Sixthly, that,
speaking of the nobility, he said they were " degenerated,
godless, dissemblers, and enemies to the Church." Likewise
speaking of the council, that he had called them " holiglasses,
cormorants, and men of no religion." Lastly, that he had
convocated divers noblemen, barons, and others within St
Andrews in the month of June 1594, caused them take arms,
and divide themselves in troops of horse and foot, and had
thereby usurped the power of the king and civil magistrate.
After reading of the summons Mr Robert Pont pro-
tested, that the process in hand and whatsoever followed
thereof should not prejudge the liberty of the Church in
matters of doctrine. The king answered, " That he was
not to meddle with any matter of doctrine, but to censure
the treasonable speeches of a minister in sermon, which he
and his council would judge, except by clear scripture it
should be proved that ministers were not subject in these
cases to his judicatory." Thereafter Mr Blake being com-
manded to answer, said, that all these accusations were false,
and untrue calumnies, producing two testimonials, one of the
provost, baiUes and council of St Andrews, the other of the
rector, dean of faculty, professors, and regents of the uni-
versity, which he alleged should be preferred to any report
whatsoever. Next he said that, for the first six points, the
lords of coimcil were not competent judges, the speeches
alleged being uttered in pulpit, but the same ought to be
censured by the presbytery where the sermon was de-
livered. And then repeating his former declinator, presented
a new one, in substance the same with the first. For the
last point he made offer to submit himself to the trial of the
king and council. Being removed, and the decUnator put to
voices, it was found, " That the crimes and accusations con-
tained in the summons were seditious and treasonable ; and

22 THE HISTORY OF THE [a. D. 159G.

that his majesty, his council, and other judges substitute by
his authority, were competent judges in all matters cither
criminal or civil, as well to ministers as to other subjects."
This pronounced, the witnesses were called and admitted,
but their examination was delayed to the next day.

After the council dissolved, the prior of Blantyre, treasurer,
and Alexander Home, provost of Edinburgh, were sent from
the king to show the ministers, that notwithstanding of that
his proceeding against Mr Blake, he did not mean to use him
with rigour, but if they should move him to come and resolve
his majesty touching the truth of the points libelled, he would
rest upon his own declaration, and send him back to his
charge ; so careful was the king of peace, and so desirous
to be in good terms with the Church. Night was then
fallen, and the commissioners gone to their lodgings ; yet
finding Mr Robert Bruce, Mr Robert Rollock, Mr James
Nicholson, and Mr James Melvill together, they declared what
they had in commission to declare to the whole number.
Mr Robert Bruce answering in the name of the rest, said,
" That if the matter did touch Mr Blake alone the offer
might be accepted, but the liberty of Christ's kingdom had
received such a wound, by the proclamations published the
Saturday preceding, and that day by the usurpation of the
spiritual judicatory, as if Mr Blake's life and the lives of
twenty others had been taken it would not have grieved the
hearts of good brethren so much as these injurious proceed-
ings had done ; and that either these things behoved to
be retreated, or they would oppose so long as they had
breath."

This answer reported, the king the next morning calling
some two or three of the ministers unto him, did confer with
them a long space, showing that he was so far from impair-
ing the spiritual jurisdiction or abridging any of the Church
liberties, as he would not only maintain them in what they en-
joyed, but would enlarge and amplify the same, when he saw
it to be for their good ; " but this licentious discoursing," said
he, "of affairs of state in pulpit cannot be tolerated. My claim
is only to judge in matters of sedition and other civil and
criminal causes, and of speeches that may import such crimes,
wheresoever they be uttered ; for that the pulpit should be
a place privileged, and, under colour of docti-inc, people

A. D. 1596.] CHURCH of Scotland. 23

stirred to sedition, no good man I think will allow. If
treason and sedition be crimes punishable when they are
committed, much more if they be committed in the pulpit,
where the word of truth should only be taught and heard."
One of the ministers answering, that they did not plead for
the privilege of the place, but for the respect that was due
to the message and commission they carried, which having
received of God, the same ought not to be controlled in any
civil judicature. " Would you keep you to your message
(said the king), there would be no strife ; but I trust your
message is not to rule estates, and, when courses dislike you,
to stir the people to sedition, and make your king and those
that rule under him odious by your railings and outcries."
" If any do so," said the minister, " and be tried to have passed
the bounds, it is reason he be punished with all extremity ;
but this must be cognosced by the Church." " And shall
not I (said the king) have power to call and punish a
minister that breaketh out in treasonable speeches, but must
come to your presbytery and be a complainer? I have
good proof in the process with Gibson and Ross, what
justice you will do me: and were it in a doubtful and am-
biguous case, where by any colour the speeches might be
justified, it were some way favourable to say that the minister
should be called and convict by his brethren ; but as in the
present action with Mr Blake, who hath said, * The treachery
of the king's heart is discovered ; all kings are the devil's
bairns, &c.,' who sees not that the man hath passed his
bounds, and not kept him to his message ? I am not ignor-
ant what agitations France of late, and England in former
times, hath suffered by the violence of such spirits, and I have
been in my time reasonably exercised with them, and ye
must not think that I will tolerate such licentiousness. As
for any lawful power or liberty ye or your assemblies have
granted either by the word of God or by the laws of the
kingdom, I mean not to diminish the same ; and if ye think
meet, I will publish so much by a declaration for satisfying
you and all other my subjects,"

With this the ministers were dimitted, who having related
the conference they had with his majesty to the rest of their
brethren, it was agreed, in regard of the many inconveniences
which might ensue upon these distractions betwixt his majesty

24 THE HISTORY OF THE [a. D. 1596.

and the Church, that if they could obtain a declaration in
council that by the acts and proclamations published his
majesty did not intend to discharge any church-assembly, nor
to annul any conclusion thereof, but that the same should
stand in force as they had been in use by the warrant of the
word and approbation of his highness's laws, and that the
discharse of barons and gentlemen to convene with the min-
isters was not extended to any ecclesiastical conventions, but
only meant of their convening in arras, matters should be
passed over for the present ; the interlocutor in Mr Blake's
business not being used against him nor any other minister,
until a lawful General Assembly, wherein the question con-
cerning the limits of the civil and the spiritual jurisdiction
might be reasoned and defined.

This being proponed, the king assented to the declaration
craved, offering fi\rther to delete the acts whereupon the
proclamations were founded. And for Mr Blake, he was
content that he should be brought to his presence, and de-
claring upon his conscience the truth of the points libelled,
in the hearing of Mr David Lindsay, Mr James Nicholson,
and INIr Thomas Buchanan, they three should have power
to determine what they thought meet. The business was
now thought to be at an end, but in the afternoon, by the
suggestion, as it was supposed, of the president, the king-
would have jNIr Blake to come before the council, and ac-
knowledge his offence to the queen ; which done he should
be pardoned of all. This Mr Blake refused, saying, " he
would neither condemn himself, nor approve the proceedings
of the council, who, having taken upon them to judge of liis
sermons, had admitted a sort of ignorant and p.artially affected
people to be witnesses against him, rejecting the testimonies
of the town and university." When by no persuasion he
could be moved unto it, the king went to council, and the
same day, it being the second of December, caused read the
deposition of the witnesses, who did clearly testify that all
the speeches libelled were uttered by Mr Blake in pulpit.
Thereupon sentence was given, that he had falsely slandered
and treasonably calumniated the king's majesty, his bed-fel-
low the queen, his neighbour princess the queen of England,
the lords of his highness's council and session, and therefore
(his punishment being remitted to the king) it was ordained.

A. T). 159C.] CHURCH OF SCOTLAND. 25

that till his majesty's pleasure should be declared, he should
be confined beyond the north water, and enter to his ward
within six days.

Notwithstanding of this sentence the day following a new
treaty began, which continued some ten days, and was like
to have produced an agreement ; for the king was content,
as before, to delete the acts of council at which the ministers
took offence, by writing on the margin of the book accord-
ing to the custom of deleting acts, " This matter is agreed, and
the act delete." He was hkewise pleased to amend the nar-
rative of the proclamation, turning that upon the papists and
enemies of religion that was said of ministers ; and for Mr
Blake's business, was content that the interlocutor pronounced
should not be made a preparative against any other minister,
and that none should be called upon their preaching before
the council, till it was found in a lawful Assembly that the
king might judge of those that passed their bounds in doc-
trine ; providing he might in the mean time be assured of the
good behaviour of the ministers, and that they should not
speak unreverently of him or of his council, which assurance
he would have in writing. Some punishment also he would
have afflicted on Mr Blake, as either to transport him from
St Andrews to another congregation, or suspend him for a
time from his charge : punishments not very rigorous, nor
answerable to the quality of the offence.

The commissioners being herewith advised, liked well of all,
the last excepted. " A punishment," they said, " could not
be inflicted where no cognition had proceeded : for as to the
trial taken, neither was it done by the proper judge, nor was
that equity observed which ought to have been ; witnesses
that were under the censures of the Church, and ill-affected
to Mr Blake, being admitted to depone against him." This
reported to the king, he made offer to name twenty persons
against whom no exception could be alleged, and to give Mr
Blake his choice of seven or eight of that number, who should
be of new examined touching the verity of the speeches
whereof he was accused : if they upon their consciences
did absolve him, he should rest satisfied ; if otherwise, he
would crave him to be deposed. But this came to no effect,
nor could any overture, albeit divers were proponed, serve
to work an accord, so as the communing brake off, and

26 THE HISTORY OF THE [a. D. 1596.

greater displeasures arose on both hands than before. For
the commissioners having directed two of the brethren to
show the king, " That since they could obtain no redress for
the wrongs done unto Christ's kmgdom, and saw nothing
but that the enemies of the truth were favoured, and the
faithful pastors of the Church reviled and pursued, they
could not abstain from opposing these proceedings with the
spiritual armour given them by God ;" and did therefore in-
dict a fast to be kept the Sunday following, being the twelfth
day of December, with solemn prayers for averting the judg-
ments which the present courses did threaten.

The king, on the other side, made his displeasure and the
scorn he took of these proceedings known by a declaration
pubhshed on the fifteenth day, wherein he showed, " That
out of a desire he had to keep peace with the ministers he
did condescend to abstain from troubling them in any case
bygone, until by a convention of the Estates, and a General
Assembly of the ministry, the difference between the civil
and ecclesiastical judgments might be removed ; providing
they should promise not to disgrace him and his proceedings
in their sermons, which he was in hope to obtain by sundry
conferences and meetings that he had kept with some of them,
till at last publicly they had opposed themselves in pulpit by
approving the doings of Mr David Blake, accusing himself
of persecution, and falsely suggesting to the people that all
church assemblies were discharged ; whereas his resolution
was and is to maintain religion and the Church discipline es-
tablished by law, and to suffer nothing to be done in prejudice
thereof by whomsoever. Which his highness thought good
to make known to all his subjects, ordaining all ministers
to subscribe their obedience to his majesty, and set their
hands to the bonds which should be presented to them for
that effect, under the pain of sequestering their rents and
stipends, aye and while they gave the obedience required."
The same day was Mr Blake charged to go unto his ward,
and the commissioners of new commanded to remove them-
selves forth of the town.

How soon they were gone, the secretary Mr John Lindsay,
thinking the ministers of Edinburgh would be more tractable
being left to themselves, did move the king to send for them,
and make a fresh proposition for settling these divisions.

A. D. 1596.] CHURCH OF SCOTLAND. 27

But they refusing to enter in any communing, except the
commissioners were recalled by as public a proclamation as
that whereby they were discharged, hope was given that
the next day the same should be done, and all questions laid
over unto their return ; which some of the king's chamber
having understood, and fearing if matters were once accorded
the Octavians (against whom they were chiefly set) should
continue in their employment, among other reports they in-
formed the king that a nightly watch was kept in Edinburgh
about the ministers' houses for fear of some violence to be
offered unto them, which laid a heavy imputation upon his
majesty, and that the ministers would never be quiet till
these factious people were put forth of the town. The ad-
vice, as truly meant, was hearkened unto, and direction given
to some twenty-four of the burgesses that were best affected
to the ministers to depart the town within the space of six
hours. This they knew woidd be ill taken by the ministers ;
and, to put them in a greater fear, they did advertise them
by a counterfeit letter to look unto themselves, because
Huntly had been with the king that night late, and caused
that charge to be given. This letter sent to Mr Robert
Bruce was by him communicated to Mr Walter Balcanquel,
whose course it was to preach that morning ; and they both,
apprehending the information to be true, did think it the
safest way for themselves to make the people advertised of
the danger. So when the hour of sermon came, the preacher
reading his text out of the book of Canticles, which was his
ordinary at the time, and taking occasion to speak of the
present troubles of the Church, he made a particular relation
of the proceedings and treacherous forms (so he called them)
wherewith they were used by the court, laying the whole
blame upon the president, controller, and advocate, whom he
particularly named, and used with most reproachful terms.
Then turning to the noblemen and barons, he put them in
mind of the zeal which their predecessors had showed in
planting religion, and exhorted them with the like courage
and constancy to maintain the same. Having closed the
sermon with a prayer, as use is, he requested the noblemen
and barons to meet in the Little Church for assisting the min-
istry with their best advice.

28 THE HISTORY OF THE [a. D. 1596.

There assembled in the place many people besides those
that were desired, and so great was the throng as the minis-
ters could hardly find entrance. Mr Robert Bruce at last
having made way unto himself, went to the table where the
noblemen and barons were placed, and after a short prayer
declared in what danger the Church was brought by the re-
turn of the popish lords ; how they had regrated the case
to the king, and when they expected that order should have
been taken therewith, a new business was moved, and one
of their brethren called in question for his preaching, about
which they had been in a long conference, but could come to
no end ; and that now at last the best affected of their people
were charged to leave the town, whereby they were brought
to suspect some worse practices. They did therefore request
them humbly to intercede and entreat his majesty that they
might be permitted to serve God in their callings without
molestation. The desire seeming reasonable, the Lords
Lindsay and Forbes, with the lairds of Bargenny and
Buchan, Mr Robert Bruce, and Mr William Watson were
chosen to prefer the petition.

By some occasion the king was that day come to the ses-
sion, and being in the upper house, the lords with these
others were admitted ; where Mr Robert Bruce taking the
speech said, " That they were sent by the noblemen and
barons convened in the Little Church, to bemoan the dangers
threatened to religion by the dealing that was against the
ministers and true professors." " What dangers see you?"
said the king. " Under communing," said he ; " our best af-
fected people, that tender religion, are charged off the town ;
the Lady Huutly, a professed papist, entertained at court,
and it is suspected that her husband is not far off." The
king leaving that purpose, asked " who they were that durst
convene against his proclamations?" The Lord Lindsay in
passion replied, " That they durst do more than so, and that
they would not suffer religion to be overthrown." Numbers
of people were at this time thronging unmannerly into the
room ; whereupon the king not making any answer arose,
and went down to the lower house where the judges do sit,
commanding the doors to be shut. They that were sent re-
turning to the church show that they were not heard, nor
was there any hope, so long as the counsellors remained

A. D. 1596.] CHURCH OF SCOTLAND. 29

about the king, that they should receive any favourable
answer, and were therefore to think of some other course.

" No course," said the Lord Lindsay, " but one; let us stay
together that are here, and promise to take one part, and
advertise our friends and the favourers of rehgion to come
unto us ; so it shall be either theirs or ours." Upon these
speeches followed such a clamour and lifting up of hands, as
none could hear Avhat another spake. The sedition increas-
ing, some cried to arm, others to bring out Haman (for
whilst the lords were with the king, Mr Michael Cranston,
minister of Cramond, had been reading to the people that
story) ; others cried, " The sword of the Lord and of Gideon :"
and so great was the fury of the people, as if one of the
deacons of crafts, called John Watt, had not kept them back
with a guard of craftsmen that followed him, they had un-
doubtedly forced the doors, and wrought some mischief.
Sir Alexander Home, provost of the town, was then lying
sick ; yet being told what a tumult was raised, he came to
the street, and, as he was wise and skilful in the handling of
people, with his fair speeches brought them after a little time
to lay down their weapons and retire to their lodgings.

The commotion thus raised, the king directed the earl of
Mar, the Lord Pittenweem, and the laird of Traquair to
confer with the ministers, and ask the cause of the tumult.
They were then walking at the back of the church (for the
tumult had scattered the meeting) ; and professing a great
dislike of that which had happened, besought the noblemen
to show the king that they were not in fault, and had done
their best to appease the multitude. The cause, they said,
to their conjecture was, that his majesty refused to hear
their petition, which they knew came not of himself, but of
others. The earl of Mar replied, that any reasonable
petition would be heard and answered, being preferred in a
dutiful manner ; wherefore they should do wisely to go
together and supplicate his majesty for remedy of these
things wherein they were grieved. Whereupon they re-
turned to the Little Church, and after a short deliberation
sent the Lord Forbes, the laird of Bargenny, and Mr Robert
Rollock with these petitions. " First, That all which had
been done in prejudice of the Church the last four or five
weeks might be rescinded. Next, That in the things which

30 THE HISTORY OF THE [a. D. 1596.

concerned the Church, the president, controller, and advocate
should have no voice, as being suspected in religion, and
opposite enemies to the Church. Thirdly, That the citizens
of Edinburgh who were charged to leave the town might
be permitted to stay at home, upon surety to appear when-
soever they were called." The king answering very calmly,
said, " That his doings had been greatly mistaken by the
ministers ; and that as these controversies were moved
against his will, so he wished nothing more than to have
them quietly settled. But that it could not stand with his
honour to rescind so hastily the conclusions taken in council,
nor to remove councillors from their places upon naked
suspicions, except somewhat could be verified that might
disable them. At afternoon he should call the council, and sat-
isfy them in every thing which with reason they could desire.
For the citizens, he said, that the supplication made in their
behalf would come better from the provost and baihes of the
town, and the same upon their petition should be granted."
With these answers the Lord Forbes and the rest returned ;
and with them the Lord Ochiltrie and laird of Cessford were
sent by the king to desire them to put their petitions in
reasonable terms, and await on the council at two of the
clock. Matters thus quieted, the king with the lords went
down the street peaceably to his palace.

At afternoon the noblemen and barons assembling with the
ministry, after long reasoning, did condescend upon the sup-
pUcation and articles following :

" In most humble manner, we, the noblemen, barons,
gentlemen, burgesses, and ministers, this day by the mercy
of God convened, do beseech your majesty to apprehend the
great danger wherein the state of religion, commonwealth,
and your majesty's own honour and person are brought by
the means of crafty and deceitful councillors, who respecting
only their own preferment and standing, labour to sile your
majesty's eyes, that you should not perceive their courses :
for albeit it hath pleased God to endue your majesty with
knowledge, wisdom, and graces, beyond all the princes that
have ruled this kingdom at any time, yet it is no strange
thing to behold good kings brought upon ill courses by the
devices of such as pretend love, but in very deed hate them
maliciously. That such courses are now in hand ; please

A. D. 1596.] CHURCH OF SCOTLAND. 31

your majesty to consider what a division is made and enter-
tained between your majesty and the Church, who were
ever to this time inseparably joined ; and how under
coloured pretexts the liberty of preaching, and faithful apply-
ing of the word, is sought to be restrained and taken away,
which cannot but bring many evils and inconveniences with
it, as this day's tumult may partly teach. And now seeing,
blessed be God, the same is settled without the harm of any
person, for preventing the like, or worse, we humbly desire
the articles following to be weighed and considered by your
majesty :

"1. That professed papists, processed by the Church, be
not suffered to reside at court ; and that the Lady Huntly
and Lord Sanquhar be removed and sent home.

" 2. That Alexander Seaton, president, Mr Thomas
Hamilton, advocate, and Mr James Elphingston, be not
admitted to sit in council, at least when the cause of religion
and matters of the Church are treated ; seeing they are
enemies to the quietness thereof, and have by then' devices
I'uised the troubles that presently do vex the same.

" 3. That the acts of council, proclamations, decreets, and
interlocutors passed in prejudice of the Church and ministers
these last five weeks, be rescinded and annulled.

" 4. That the commissioners of the Church be recalled by
proclamation, and the burgesses of the town permitted to re-
main and attend tlieu' callings.

" 5. That the bond advised by the foresaid enemies to be
subscribed by all the ministers, under the pain of losing their
benefices and stipends, be discharged, seeing the same is pre-
judicial to the liberties of the gospel, and that commission be
given, as use is, to modify stipends, for the present year.

" Lastly, That an act of council be made, allowing the pro-
ceedings of the Church, and the concurrency given them by
the noblemen, barons, and others in the present action."

It was late and the night fallen before these articles were
put in form, the day being then at the shortest ; the persons
chosen to present them were the lairds of Bargenny, Pitt-
arrow, Faldonside, Mr David Lindsay, and Mr Robert
RoUock. Before their coming the council had concluded not
to receive the petitions, as was promised, and to commit those
that did present them ; yet doubtful what might be the event

32 THE HISTOKY Ol' THE [a. D. 1596.

thereof, it was thought fitter to terrify them from presenting
the same. For this cfiect the Lord Ochiltrie was appointed
to meet them at the outer gate, who drawing Bargenny aside
advised him to go back, because of the anger which the king
had conceived, and to meddle no more in that business ; for
the king, he said, knew ho was brought upon it unwillingly,
and would excuse his part, if he went no farther. Bargenny,
forethinking his employment, and not knowing how to colour
it to his associates, the Lord Ochiltrie drew them aside, and
said that he had brought the laird of Bargenny to the town
for affairs that did nearly touch him, and that he did not
think to meet with such business at his coming, therefore de-
sired them to have his friend excused for that time ; and
seeing they were a number sufficient to do the errand, they
might go to it, or, if they pleased to delay the same to the
next morrow, he should be with them. They ansAvered,
that they were also little foreseen at their coming of those
matters as he was, and seeing they were all joined in one
commission, if he who was the principal did decline it, they
could do nothing by themselves ; and so the business was left
for that night.

In the morning early the king and council departed to
Linlithgow, leaving a proclamation, which was presently
published at the market-cross of Edinburgh, of this tenor :
" That the king, considering the late treasonable uproar
moved by certain factious persons of the ministry of Edin-
burgh, (who after they had uttered most seditious speeches in
pulpit, did convene a number of noblemen, barons, and others
in the Little Church, and sent some of their number to his
majesty, being then in the upper house of session, using him
in a most irreverent manner, and with speeches ill-beseeming
any subject ; and tliat a multitude of the townsmen by per-
suasion of the said ministry had treasonably put themselves
in arms, intending to bereave his majesty and his council of
their lives), did think the said town an unfit place for the mi-
nistration of justice, and had therefore ordained the lords of
session, the sheriffs, commissars, and justice, with their several
members and deputies, to remove themselves forth of the
town of Edinburgh, and be in readiness to repair unto such
places as should be appointed ; commanding in like sort all
noblemen and barons to despatch unto their houses, and not

A. D. 1596.] CHURCH OF SCOTLAND. 33

to presume to convene either in that or any other place
Avithout his majesty's license, under the pain of his highest
displeasure."

This proclamation, with the king his sudden departing,
wrought a great alteration in the minds of the people. They
began then to see their error, and looked heavy one upon
another. The better sort being in a great perplexity what
they should do, called their council together, but could not
resolve what course to take. To follow the king and plead
for the town, they could not think any of them would be ac-
cepted (and it being the last day of the week, hardly would
any others undertake the employment) ; so as they saw no
way but to be quiet till they heard what the king and
council concluded to do. But the ministers persisting in their
first resolution laboured to have the noblemen and barons
remain together, and to send for others well affected in re-
ligion, who, as they thought, would join in the cause. A
bond to this effect was drawn up, and subscribed by some
few. The council of the town excused themselves, saying,
" Their good will was known, and that they were not to
leave their dwellings ;" which m.ade divers keep back their
hands. Always it was thought meet that the ministers should
write to the Lord Hamilton and the laird of Buccleuch, of
whose assistance they held themselves assured, entreating
them to repair to the town and countenance the cause ; as
likewise that the rest of the ministers in the country should
be convened as unto a General Assembly, and desired to bring
with them the best affected gentlemen within their parishes.

They were at the same time in a long deliberation,
whether or not they should excommunicate the Lord Presi-
dent and Advocate, which divers urged. The Controller was
in some better opinion with them, by reason of a message
sent quietly to Mr Robert Bruce. But in end they resolved
to continue that business to the meeting of the Assembly,
when the sentence might be pronounced with greater au-
thority. Meanwhile, to keep the people in a good disposition,
a fast was proclaimed through the city, and sermons of pre-
paration ordained to be made that afternoon in all the
churches.

A minister named Mr John Welch, making offer to supply
the place in the High Church, was allowed to preach, who

VOL, III. 3

34 THE HISTORY OF THE [a. D. 1596.

taking for his theme the epistle sent to the angel of the
church of Ephesus, did rail pitifully against the king, saying,
" He was possessed with a devil : that one devil being put
out seven worse were entered in place ; and that the subjects
might lawfully rise, and take the sword out of his hand :"
which he confirmed by the example of a father that falling in
a frenzy might be taken by the children and servants of the
family, and tied hand and foot from doing violence. A most
execrable doctrine and directly repugnant to holy scriptures ;
which yet was taken by many of the hearers as a sound and
free application. So ready are men to flatter themselves in
wickedness, and even to justify impiety itself. A rumour
was then also dispersed throughout the town, that in the day
of tumult the earl of Erroll did come to the Queensferry
with five hundred horse, and was gone back upon report of
the stir. This upon the Sunday took up a great part of the
ministers' sermons, and was brought to justify the multitude's
proceedings, as though they had been directed by a secret
providence to disappoint the wicked practices that were in
hand. A manifest forgery it was, yet believed at the time
by foohsh and credulous people.

The messenger sent to the Lord Hamilton was at his
coming well received. At first the nobleman made a show
that he would go for Edinburgh ; but upon better advice he
turned to Linlithgow, and taking the copy of the letter that
was sent unto him (for he rendered the principal to the
bearer), he showed the king what an invitation he had from
those at Edinburgh. The king at sight of the letter grew
exceeding angry, for therein, after a short narrative of the
injuries the Church had received by the malice of some
counsellors, it was said, " That the people animated by the
word and motion of God's Spirit had gone to arms, and that
the godly barons and other gentlemen that were in town had
convened themselves, and taken on them the patrociny of the
Church and her cause, only they lacked a head and special
noblemen to countenance the matter ; and since with one
consent they had made choice of his lordship, their desire
was that he should come to Edinburgh with all convenient
diligence, and utter his affection to the good cause, accepting
the honour which was offered untahim."

This letter, indited by Mr Robert Bruce, and subscribed

A. T). 1596.] CHURCH OF SCOTLAND. 35

by him and Mr Walter Balcanquel, was of all that yet had
happened the worst, nor could it receive any good construc-
tion ; for albeit in an apology afterwards set forth it was said
to be penned only to please the nobleman, who was of an
ambitious humour, yet put the case he had accepted, and
taken upon him to be their head, as he was desired, who can
tell what mischief might have ensued, and if it might not
have turned to the wreck and ruin of many innocents ? But
faults follow one upon another, and when men have once
passed bounds they run easily into error.

On Monday early a charge was directed to the provost
and baihes for imprisoning the ministers ; but they upon
some advertisement fled, and went to Newcastle in England.
The town the same day sent John Arnot, Hugh Brown,
George Heriot, and John Watt, to purge themselves of the
tumult, and offer their obedience in every thing his majesty
and council should be pleased to enjoin for repairing the in-
dignity and dishonour done to his highness ; providing they
should not be thought guilty of the crime, which from their
hearts they detested. But the king would receive no pur-
gation, saying, " That fair and humble words could not ex-
cuse such a fault, and that he should come ere it were long,
and let them know he was their king." The next day in
council the tumult was declared to be treason, and the coun-
cillors, executors, and partakers to be traitors, as likewise
all that should thereafter partake and assist the committers
thereof.

This put the town in a great fear, neither did they expect
any other than an ntter ruin. All the judicatories were re-
moved to Lcith ; the .Session ordained to sit at Perth after
the first of February ; their ministers were fled, the magis-
trates not regarded, and those of greatest power about the
king, their enemies ; what they should do they were doubtful.
After divers opinions given, they are resolved that some
should be sent who would be more acceptable, to supplicate
the king, and excuse the town's part, for that perhaps would
be taken better at other men's hands than any of their own.
To this errand none was held so fit as Mr David Lindsay,
Mr John Preston, and Mr John Sharp, men in favour with
the king, and free of all faction.

Tliese coming to the king at Linlithgow, after they had

36 THE HISTORY OF THE [a. D. 1596.

showed the miserable estate of the town, and how grieved all
honest men were for the displeasure he had conceived against
them, did beseech him not to use the extremity of rigour, but
to put a difference between the innocent and guilty. " In
great towns, such as that was (they said), there would ever
be some bad spirits ; and if the insolencies of a rascal multi-
tude should be imputed to the town, it would be thought hard,
specially since the magistrates had done their duties and re-
pressed the tumult. If on their part there had been any
connivance, or the smallest appearance that they did favour
the sedition, they protested that they would not once have
opened their mouths in their favour ; but since it was known
that none were more offended with the tumult than they,
and that they were careful to find out the authors and pre-
sent them to punishment, they could not but humbly entreat
his majesty to relent his wrath, and to be mitigated towards
the town."

The king after a httle pause answered, " That he could
not think the town to be free ; for, if some of the principals
had not approved the multitude in their doings, the tumult
could not have been so great ; but howsoever the magistrates'
negligence could not be excused, in so far as they did not
prevent the disorder, always his resolution was to proceed
by form of law, and not to use any violent course ; he had
appointed the Estates to meet in the same place where the
dishonour was done unto him, and would follow their advice
both in the trial and punishment." With this answer they
were dimitted.

The last of December, which was the day preceding the
convention, the king came to Leith, and stayed there all
night, giving order for his entry into the town the next
morning, which was in this manner. The keys of the town
being delivered to one of the king's officers, a guard of armed
men was placed in the streets, the citizens being commanded
to stay within their houses, and forbidden to carry any wea-
pon. The earl of Mar with the Lords Seaton and Ochiltrie
had the charge of the town given them, without the admis-
sion of the magistrates ; and they having disposed all things
in the best fashion, the king accompanied with a great train
of nobles entered the town, and riding up the street lighted
at the Tolbooth, where the Estates were appointed to meet.

A, D, 1596.] CHURCH OF SCOTLAND. 37

After some general discourses of the tumult, the king was
advised to call the magistrates, and hear wliat they could
say in behalf of the town.

Sir Alexander Home of North Berwick, provost, Roger
Macnaught, George Todrick, Patrick Cochran, and Alex-
ander Hunter, bailies, with a number of the town council,
compearing and falling on their knees, after some few words
delivered by the provost, did present in writing the offers
following : —

" That for pacifying his majesty's wrath, and satisfying
the lords of council, they should upon their great oath purge
themselves of all foreknowledge and partaking in that sedi-
tious tumult. And as already they had made a diligent
search to find out the authors, so they should not cease till
they had brought the trial unto the uttermost point ; or if his
majesty and council did think any others more fit to take the
examination, they should wilHngly resign their places to
such as his highness would appoint, and assist them at their
power. And because his majesty had taken that tumult to
proceed from certain sermons preached by their ministers,
who were now denounced rebels, they should promise never
to readmit any of those ministers, unless his majesty did
command otherwise. As also, that the like should not fall
out thereafter, the town should be obliged never to receive
any minister in time coming but by his majesty's advice and
approbation. And in the election of their magistrates they
should yearly present their lites to his majesty and the lords
of session, to be allowed or disallowed at their pleasure, and
propone such others as his majesty should think more apt
and sufficient for the charge, and to that effect should alter
the time of their election, and make the same on some day of
November, when the lords of session were convened and
might give their advice thereto. They did lastly offer to
fulfil whatsoever his majesty and council should think fit to
be done in the premises, under protestation that they did not
take upon them the crime, and that it should not be thought
to have been committed of their foreknowledge."

Thus it proved true which Tacitus saith, " that all con-
spiracies of the subjects, if they succeed not, advance the
sovereignty ;" for by this tumult was the king's authority in

38 THE HISTORY OF THE [a. D. 1596.

matters ecclesiastical so far advanced, as he received little or
no opposition thereafter.

The offers of the town, howbeit made in great submission,
were not accepted, and counsel given by some noblemen to
raze the town, and erect a pillar in place thereof, for a monu-
ment of the insolency committed, and the just punishment
taken thereof. Others were more mild in their opinions ;
but for that time nothing was concluded.

The queen of England upon notice sent to her of these
broils did write to the king a letter, which (for the wise and
loving advice it contained) I thought meet here to insert.

"My dear Brother, — If a rare accident and ill- welcomed
news had not broken my long silence, I had not used now my
pen-speech, as being [too ?] careful of your quiet, and mindful
of your safety, to omit the expressing of both, by letting you
know how untimely I take this new begun frenzy, that
may urge you to take such a course, as may bring into
opinion the verifying of such a scandal as ye avowed to me
to be far from your thought. In this sort 1 mean it ; some
members of the Church with their companies have over auda-
ciously emboldened themselves to redress some injurious acts
that they feared might overthrow their profession, which
though I grant no king for the manner ought to bear with,
yet at the instant when the new banished lords returned, and
they seen to be winked at without restraint, and the spring-
time going on, when promised succour is attended, together
with many letters from Rome and elsewhere sent abroad, to
tell the names of men authorized by you, as they say (though
I hope falsely), to assure your conformity, as time may serve
you, to estabhsh the dangerous party, and fail your own. I
wail in unfeigned sort, that any just cause should be given
you to call in doubt so disguised acts, and hope that you will
so try this cause as that it harm not you, though it ruin
them.

" Of this you may be sure, that if you make your strength
of so sandy a foundation, as to call to your aid such as bo not
of your flock, whenas the one side be foolish, rash, head-
strong, and brainsick, yet such as may defend you, liaving no
sure anchorage for themselves, if you fail them ; and the

A. D. 1596.] CHURCH OF SCOTLAND. 39

others, who have other props to sustain them, though they
lack you, yea such as though your private love to their per-
sons may inveigle your eyes, not to pierce in the depth of
their treason, yet it is well known that their many petitions
for foreign aid might have tended to your peril, and your
country's wreck ; for seldom comes a stranger to a weaker
Ejoil that thralleth not the possessor, or endangereth him at
least. I trust you think no less, or else they must justify
themselves to condemn you, for without your displeasure, not
feared for such a fact, no answer can shield them from blame.
Now to- utter my folly in seeming busy in another's aifairs, I
suppose you will not mislike, since the source of all is care of
your good, to desire that nought be done that may embolden
the enemy, decrease your love, and endanger your surety.
This is in sum the line whereto I tend, and God I beseech to
direct your heart in such sort, as ye please not your worst
subjects, but make all know in a measure what is fit for
them, and make difference between error and malice. So
God bless you with a true thought of her that means you
best,

" Your most affectionate sister,

" Elizabeth R."

This letter was to the king's mind ; for albeit he judged
the offence great, yet it was not his purpose to use rigour,
but to assure the obedience of the subjects in time coming,
and make his own advantage of their disorders. Therefore
in the next meeting which was kept at Halyrudhouse, the
tumult being of new declared to be treason by the Estates,
no farther was done, but a conclusion taken to pursue the
town criminally before the justice ; and to charge the pro-
vost, bailies, council, and deacons of crafts, as representing
the whole body of the town, to enter their persons within the
town of Perth before the first of February, and there to keep
ward till they should be cleared, or found guilty of the
uproar.

In this convention the Octavians not according well
amongst themselves (for the prior of Blantyre did keep a
course with the gentlemen of the chamber, and underhand
informed the ministry of the ill affection that the President
and Advocate carried unto them), gave over their commission

40 THE HISTORY OF THE [a. D. 1596.

of exchequer in his majesty's hands. They pretended the
many burdens uhich they sustained otherwise, their services
in council and session, with the charge of the queen's rent
and hving ; but the true cause was, the mahce and envy car-
ried unto them for the credit and place they had with the
king, which their service had well deserved ; for never were
the rents of the crown so tliriftily and so rightly used as iu
that short time of their employment. But the king loved to
have peace though with his own loss, neither did they like
to be the instruments of his trouble.

A little before these stirs wuth the Church, Captain James
Stewart (who had been sometimes chancellor, and carried the
title of the earl of Arran) was killed by James Douglas of
Torthorwald. This man after he was put from court had
lived obscure in the north parts, and was entertained by the
Lady Salton his sister-in-law. Being in some hope to come
again by the office of chancellary, as yet void by the death
of the Lord Thirlstane, he came south, and had a long con-
ference with the king, which did greatly encourage him ; but
till matters might be better prepared, he took purpose to
visit his friends in Kyle. Taking his journey by Symington
nigh unto Douglas, he was advised by his friends in those
parts to look to himself, and not ride so openly, because of
Torthorwald that lived not far off, whose uncle he had fol-
lowed (as they spake) to the death. His reply (as he was a
man proud and disdainful) that he would not leave his way
for him, nor for all the name of Douglas, being overheard by
a fellow, and reported to Torthorwald, did so inflame him, the
old ulcer remaining uncured, as he avouched to have his life
at all hazards. So getting intelligence that he had taken
horse, he made after him with three of his servants, and
overtaking him in a valley called Catslack, after he had
stricken him from his horse, did kill him without any re-
sistance. It is said that when Captain James saw the horse-
men following, he did ask how they called the piece of ground
on which they Avere, and Avhen he heai'd the name of it, ho
commanded the company to ride more quickly, as having
gotten a response to beware of such a part. He was a man
full of violence, and when he was in place of rule executed it
with much cruelty, which was now paid home in the end.

The king, who had longed to see a decent order established

A. D. 1596.] CHURCH of Scotland. 41

in the Church, such as agreed with the word of God, the
allowable custom of the primitive times, and with the laws of
the country, did think this a fit time to effectuate his purpose,
and thereupon resolved to call a national Assembly to meet at
Perth the last of February, for treating and determining the
bounds and exercise of the spiritual jurisdiction ; and to the
end that all might come the better prepared, and be duly ad-
vised with the matters then to be entreated, he caused some
articles to be drawn up and imprinted with a preface, where-
in he took God the searcher of all hearts to record, that his
intention was not to trouble the peace of the Church by
thorny questions, nor yet to claim to himself any tyrannical
or unlawful government over the same, but only to have these
doubts solved, wliich might either in his time or in the time
of his successors engender debate ; and to have the policy of
the Church so cleared, as all corruptions being removed, a
pleasant harmony might be settled betwixt him and the
ministry to the P'lory of Almighty God, the content of all
good men, and terror of the wicked.

The articles were fifty-five in number, and drawn up in
form of questions, as foUoweth : —

1. May not the matters of external gubernation of the
Church be disputed, salva fide et religione ?

2. Is it the king severally, or the pastors severally, or both
conjunctly, that should estabhsh the acts concerning the
gubernation of the Church ? or what is the form of their
conjunction in the making of laws ?

3. Is not the consent of the most part of the flock, and also
of the patron, necessary in the election of pastors.

4. Is it lawful for the pastor to leave his flock against their
wills, albeit he have the consent of the presbytery ? and
for what cause should the presbytery consent thereto ?

5. Is it lawful for a minister to use farther application than
that which may edify his own flock ? or is the whole world
the flock of every particular pastor ?

6. Is he a lawful pastor who wants impositionem manuum ?

7. Is it lawful to pastors to express in particular the names
of councillors, magistrates, or others whatsoever iu pulpit,
or so lively to describe them that the people may under-

42 THE HISTORY OF THE [a. D. 1596.

stand whom they mean, without notorious declared vices,
and private admonitions, preceding ?

8. For what vices should admonitions and reproving of
magistrates pass publicly from pulpits, in their absence or
presence, respective ?

9. Is the application of docti'ine in pulpits lawful which is
founded upon informations, bruits, and rumours, suspicions
and conditions, if this be or that be, probabilities, likeh-
ness or unlikeliness of things to come in civil matters,
which all may be false, and consequently the doctrine
following thereupon ; or should all apphcations be grounded
upon the verity of known and notorious vices ?

10. Is the text which is read in pulpit the ground where-
upon all the doctrine should be built ? or may all things
be spoken upon all texts, so that the reading thereof is
but a ceremony ?

11. May a simple pastor exercise any jurisdiction, without
consent of the most part of his particular session ?

12. Is his session judge to his doctrine 1

13. Should not the moderator of the session be chosen yearly
of any who hath voice therein ?

14. May the session be elected lawfully by ministers only,
without the consent of the whole congregation ?

15. Why should not elders and deacons of particular sessions
be elected ad vitam ?

16. How many presbyteries are meet to be in the whole
country, in what places, and how many pastors of churches
in every presbytery ?

17. Should not the elders and deacons of every particular
session have voice in presbyteries, or the pastors only ?

18. What are the matters belonging to the jurisdiction of
the presbytery, which may not be entreated in particular
sessions ?

19. What form of process in libelling and citatioUj Avhat
terms and diets, and what probations should be used
before the said particular sessions and presbyteries re-
spective ?

20. What matters should the synodal assemblies treat upon,
which may not be decided in presbyteries ?

21. Should not all who have voice in presbyteries and

A. D. 1596.] CHURCH or SCOTLAND. 43

in the particular sessions, have voice in the synodal
assemblies ?

22. Should each university or college, or every master or
regent within colleges, have voice in presbyteries and
synods, in the towns and countries where they are ? as
likewise wliat form of voice should they have in General
Assemblies ?

23. Is it lawful to convocate the General Assembly without
his majesty's license, he being pius et Christianus magis-
tratus ?

24. Is it necessary that the General Assembly should be
ordinarily or extraordinarily convened for weighty causes
concerning the whole Church ?

25. Have not all men of good religion and learning voice in
the General Assembly ?

26. Is every particular pastor obliged to repair to the Gene-
ral Assembly ? or is it sufficient that only commissioners
come from every particular session, presbytery, or synod ?

27. Who should choose the commissioners to come from
every shire to give voice in the General Assembly ?

28. What is the number of those that give voices, which is
necessary to the lawfulness of a General Assembly ? and
how many of the number should be pastors, and how many
other men ?

29. May any thing be enacted in the Assembly to which his
majesty consents not ?

30. Is it expedient that the two part of them who have jus
suffragii should consent to any things decerned in ecclesi-
astic judgments, that matters pass not by one voice more
or less ?

31. Hath not every judgment, inferior to the General
Assembly, a territory limited, without the which they
have no power of citation or jurisdiction 1

32. What is the ordinary ecclesiastic judgment for his
majesty's household and council, removable with his
majesty to any part of the realm ?

33. Should there be libelled precepts containing the cause
of the citation and certification of the censures before all
ecclesiastic judgments? or should they answer super
inquirendis '^

34. Have the inferior judgments power to summon any to

44 THE HISTORY OF THE [a. D. 1596.

compear before the superior ? or should men be summoned
only by the authority of that judgment before which they
ought to compear ?

35. Is it not necessary that private admonitions, with reason-
able intervals of time, pass before all manner of citations ?

36. What interval of time is necessary between every pri-
vate admonition and between the first citation, and the day
of compearance, and betwixt the citation and the last ad-
monition, in every one of the said judgments ?

37. How many citations should infer contumacy ?

38. Is simple contumacy without probation of a crime, or is
any crime without contumacy, a sufficient cause of ex-
communication ?

39. Are there not divers kinds of censures, such as prohibitio
privati convictus, interdictio a coena, not published to the
people ; and last of all, publica traditio satance ?

40. Should the presbyteries be judges of all things that im-
port slander ? and if so be, whereof are they not judges ?

41. Can excommunication be used against thieves, murderers,
usurers, and not payers of their debts ? and if so it may
be, why are not the highland and border thieves cursed,
as also all the forswearing merchants and usurers amongst
the burghs ?

42. Is there any appellation from the inferior to the superior
judgment? and is not the sentence suspended during the
appellation ?

43. Should not all processes and acts be extracted to parties
having interests ?

44. Is summary excommunication lawful in any case without
admonition and citation preceding ?

45. Have any others but pastors voice in excommunication ?

46. Hath every ecclesiastical judgment a like power to
excommunicate ?

47. Is it lawful to excommunicate such papists as never pro-
fessed our religion ?

48. A woman being excommunicated, having a faithful hus-
band, should he thereafter abstain from her company ?

49. Is it not reasonable that before any letters of horning be
granted by the session upon the process of excom-
munication, that the party should be cited to liear them
granted ?

A. D. 1596.] CHURCH OF SCOTLAND. 45

50. Hath not a Christian king power to annul a notorious
unjust sentence of excommunication ?

51. May any council or university be excommunicated ? for
what cause, by Avhom, and the manner thereof?

52. When the pastors do not their duties, or when one
jurisdiction usurpeth upon another, or any other schism
falleth out, should not a Christian king amend such
disorders ?

53. May fasts, for general causes, be proclaimed without a
Christian king's command ?

54. May any ecclesiastical judgment compel a man to swear
in suam turpitudi7iem ?

hb. Should there any thing be entreated in the ecclesiastical
judgment prejudicial to the civil jurisdiction or private
men's i-ights ? and may not the civil magistrates stay all
such proceedings ?

How soon these questions were divulged, and that it was
seen they all touched upon the abuses crept into the disci-
pline, the ministers that stood affected to the present order
were much perplexed; neither did any thing more offend
them, than that the government should be brought in dispute
which they had given out always to be a part of the gospel.
This at any hand they thought was to be prevented ; and
many private conferences were kept to this purpose. Neither
did the king neglect to provide himself of a party against
that meeting ; and thinking he should gain most easily the
ministers in the north parts, he employed Sir Patrick
Murray, gentleman of his chamber, to deal with them, giv-
ing him direction first to show what a slander the ministers
of Edinburgh had brought upon religion by the stirring up
of the late uproar, and the inciting of the Lord Hamilton
and others of the nobility to open rebellion against him ;
how for the same they were become fugitives, and denounced
his majesty's rebels ; and thereupon to desire them by some
public act or declaration to utter their dishke of those sedi-
tious and treasonable courses.

He was next desired to urge their subscription to the
bond, which was appointed to be subscribed by the ministers
for acknowledging his majesty's royal power above them in
all causes of sedition, treason, and other civil and criminal

46 THE HISTORY OF THE [a. D. 159G.

matters, and in all speeches uttered by them in pulpits,
schools, or otherwise, which might import the said crimes, or
any of them.

Thirdly, to require them to accept the earl of Huntly
his offers for satisfying the Church, and to absolve him from
his excommunication, they finding his offers reasonable ;
seeing the bosom of the Church ought always to be open to
penitents, and that they should be more ready to receive
than to cast out : wherefore as the presbytery of St Andrews,
to the which he was not subject, had pronounced him ex-
communicate, they, under whose jurisdiction he hved, might
and ought with better reason declare him absolved. Neither
should the pretext of the General Assembly's ratification of
the sentence be a stay unto them, considering it was done
many months after the pronouncing of the sentence, and that
the absolution they should give might in the like manner be
ratified at the next Assembl}^ ; much less ought the prohibi-
tion of the presbytery of Edinburgh (whereof his majesty
was informed) be any hindrance to them, seeing they were
neither subject nor subordinate to them, but as free in all
respects as themselves.

And if any doubt should arise upon the form of the earl's
satisfaction, he was to remember them that the same is
expressly defined in the act of parliament, anno 1572, made
against apostates and other adversaries of the true religion,
where it is said, " That they which have made defection
from the truth should not be received to our sovereign lord's
mercy and favour, till they have given of new the confession
of their faith, and promised to continue in the profession
thereof, in all time coming, and to fortify the preachers of
the same against whatsoever enemies."

Last of all, he was appointed to deliver them a copy of
the imprinted questions, and to desire the most discreet of
their number to be sent commissioners to the Assembly ap-
pointed at Perth, with promise of special favoui* to them in
all their businesses, his good will towards the ministry being
no way altered by the wrong he had received from those
insolent ministers of Edinburgh. This was the substance of
his instructions.

The ministers with the reverence that was due made
answer. That for the tumult of Edinburgh they were igno-

A. D. 1596.] CHURCH OF SCOTLAND. 47

rant of the ministers' behaviour therein, as likewise of the
reason of their flight, and having no jurisdiction over them,
they could give forth no judgment or censure ; only in the
general they would say, that whosoever by just trial should
be found authors of that insurrection deserved to be punished
as traitors, and if they were ministers, to be doubly punished.

For their subscription to the bonds, they answered, That
at their acceptation of the ministry they had taken oath for
acknowledging his majesty's power and authority, and would
not decline the same ; but where the bond did mention
speeches uttered in pulpit, because the same concerned ap-
plication of doctrine, which his majesty had proponed as a
question to be decided in the approaching Assembly, they did
humbly entreat his majesty to spare them in that point unto
that time, which they promised precisely to keep.

For the earl of Huntly, they said, his repentance should
be most acceptable to them ; that they were content to give
him conference, and use all means for his resolution ; but
they did not find him so willing to conform as they wished,
nor very earnest for his absolution.

This was the sum of their answer, which the king did
accept the better, because of the hopes given to his servant
of all satisfaction on their parts at the meeting of Perth,
which they also performed ; for both then and afterwards
in all assemblies and conventions they did stick fast unto
him. But the king being made to understand that Huntly
did linger and delay to make offers for satisfying the Church,
he sent him the letter following written all with his own
hand : —

" My Lord, — I am sure ye consider and do remember how
often I have incurred skaith and hazard for your cause ;
therefore, to be short, resolve you either to satisfy the
Church betwixt and the day that is appointed without any
more delay, or else if your conscience be so kittle as it cannot
permit you, make for another land betwixt and that day,
where ye may use freely your own conscience ; your wife
and bairns shall in that case enjoy your living ; but for your-
self look never to be a Scottishman again. Deceive not
yourself to think that, by lingering of time, your wife and

48 THE HISTORY OF THE [a. D. 1596.

your allies shall ever get you better conditions. And think
not that I will suifer any professing a contrary religion to
dwell in this land. If you obey me in this, you may once
again be settled in a good estate, and made able to do me
service, which from my heart I would wish. The rest I
remit to the bearer, whose directions ye shall follow if you
wish your own weal. Farewell.

" From Dunfei'mline. James 11."

Such was the king's care for reclaiming the nobleman to
the profession of the truth, whilst people suffered themselves
to be abused with rumours that he himself was declining.
Letters in the meantime were directed to all the presbyteries,
advertising them of the meeting at Perth, and desiring they
should send their commissionei's thither instructed with
power to treat and conclude in all matters to be pro-
poned. When the day came, the Assembly was frequent
enough ; but divers commissioners bearing a power only to
convene, hear, and report, and not to question anything
concluded in former Assemblies, the king sent Sir John
Cockburne of Ormiston, Mr John Preston, and Mr Edward
Bruce, to ask those that were convened, " Whether they did
account that meeting a lawful General Assembly, having
power sufficient to treat and conclude in the articles that
should be proponed, according to his majesty's missive letters
directed to the several presbyteries ?" After long reasoning,
answer was made, " That they did esteem the meeting to
be a lawful General Assembly, called extraordinarily by his
majesty's letters, and that they would hear, treat, and con-
clude of things that should be moved unto them, according to
the commissions wherewith they were authorized."

This answer given, they presented the articles following: —
*' Seeing the quietness of the Churchand the freeing of the same
from slander, which upon the contrary effects would necessarily
follow, is the principal scope and end at which his majesty
aimeth in this present Assembly, for eschewing fashions and
long disputes whereupon controversies and debates might
arise, his majesty hath thought good to remit the decision of
a great number of the questions imprinted to better oppor-

A. D. 1596.] CHURCH OF SCOTLAND. 49

tunity, and will content himself with the determination of a
few that he hath made choice of, which without a greater harm
could not be longer delayed.

As first, That it be not thought unlawful either to the
prince or any of the pastors at any time hereafter to move
doubts, and crave reformation of any points in the external
policy and disciphne of the Church, which are not essential
concerning salvation, nor expressly defined in scripture ; pro-
viding it be done decenter in right time and place, animo
cedificandi, non tentandi.

2. That, seeing the civil and pohtic government of the
country belongs properly to the king's office and his coun-
cillors, and is no way pertinent to the spiritual ministry
of the word, no minister should thereafter meddle Avith
matters of estate in pulpit, or with any of his majesty's laws,
statutes, or ordinances ; but if any of them seem hurtful to
religion, they should complain to the king and council thereof.

3. That it should not be lawful to ministers to name any
particular men's names in pulpit, or so vively to describe them
as may be equivalent to their naming, except upon the no-
toriety of a crime, which notoriety must only be defined by
the guilty persons being fugitive for the crimes, or the de-
claration of an assize, or their excommunication for the same.

4. That every minister in his particular application have
only respect to the edification of his own flock and present
auditory, without expatiating in other discourses no way
pertinent to their congregation.

5. That every particular presbytery be commanded to
take a dihgent account of the doctrine of their ministers, and
see that they keep themselves within bounds in the premises.

6. That summary excommunication be utterly discharged,
and that three lawful citations, at least of eight days' interval
betwixt every one of them, precede the sentence.

7. That no session, presbytery, or synod use censures
upon any but those that are within their bounds ; otherwise
their decrees and sentences to be null.

8. That all summons contain a special cause and crime, and
none be used super inquirendis, quod est mere tyrannicum.

9. That no meeting or convention be amongst the ministers
without his majesty's knowledge and consent, except the
ordinary sessions, presbyteries, and synods.

VOL. III. 4

50 THE HISTORY OF THE [a, D. 1596.

10. That in the principal burghs no ministers be placed
without the consent of his majesty and the flock ; and this
order to begin presently in Edinburgli.

11. That all matters concerning the rest of his majesty's
questions be suspended, and neither condemned nor rebuked,
either in pulpit, or any other judicatory, till the same be
decided in the next General Assembly ; especially that no
matters be called before the ecclesiastical judicatories as im-
porting slander, wherein his majesty's authority may be pre-
judged; but that they meddle only with causes merely
ecclesiastical.

12. That some wise and discreet ministers, to'the number
of seven or eight, be authorized by commission to reason
upon the rest of the questions, when opportunity of time shall
serve.

Lastly, That the present Assembly grant commission to the
ministers of the north country to absolve the earl of Huntly
from his excommunication, if he satisfy the Church."

For the better determining of the said articles, it was
thought meet that some brethren should be desired to confer
of them apart, and report their opinions to the Assembly,
which they did the next morning. Touching the first article,
they said, That they held it not expedient to make any law
or act concerning that matter, lest a door should be opened
thereby to turbulent spirits; otherwise they did tbink it
lawful to his majesty, by himself or by his commissioners, to
propone in a General Assembly whatsoever point his majesty
desired to be resolved in, or to be reformed in siyecie externi
ordinis, seeing substantia externce administrationis ecclesias-
ticce est plenissime prodita in sacris Uteris. And as the Gen-
eral Assembly hath accepted well of this manner of doing in
all times past, so in their opinion they would do the hke in
time coming.

For tbe second their advice was, That the acts already
made which are hurtful to religion, and jjrejudicial to the
liberty of the word, should be discharged, and no act there-
after passed concerning religion without the advice and con-
sent of the Church. As for matters of estate mentioned in
the article, they craved a farther explanation of that point.

The third they esteemed reasonable, that no man's name
should be expressed to his rebuke in pulpit, unless the fault

A. 1). 159(5.] CHURCH OF SCOTLAND. 51

was notorious and public ; but they esteemed notoriety must
be defined otherwise than by the three ways set down in the
article : for contumacy after citation, the public commission
of a crime, such as was Bothwell's treasonable attempt at
Leith, the burning of Donibristle, and the Uke, make also a
notoriety. As to the vive description, said to be equivalent,
they thought it hard to set any law to that, seeing every
guilty person will think himself described when his fault is
rebuked, albeit the minister doth not once think of him.

The fourth and fifth articles they judged lawful ; but for
the sixth, which craves a simple charge of summary excom-
munication, they advised to remit the same to the next
Assembly, suspending the practice thereof in the meantime.
The seventh, they thought, was likewise to be remitted. To
the eighth they agveed ; and for the ninth, that concerned
the meeting of pastors, they said that besides sessions, pres-
byteries, and synods, pastors are accustomed to meet for
visitation of churches, admission of ministers, taking up of
feuds, resolving of questions, and the like.

The tenth they esteemed reasonable. The eleventh article
seeming to import a discharge of many points of discipline,
they said was so large that it could not be presently answered.
And the last two they remitted to the full Assembly, judging
that they ought to be granted.

These answers showed to the king were not liked, and
held insufficient ; whereupon the Assembly was desired to
repair to the place where his majesty and the Estates were
convened, for treating upon the foresaid articles. At their
coming the king had a speech much to this purpose : " That
they could not be ignorant either of the occasion, or of his
purpose in calhng the present Assembly ; and for the occasion,
that it grieved him to remember it, not for any injury or
displeasure done to himself, but for the shame and slander
cast upon religion ; for have not the adversaries, said he, now
too just a ground against us, who say that our profession
teacheth the contempt of princes, and maintains insurrections
against them ? I know it is the fault of men, and not of the
profession, and none of you that are met here I take to be
guilty of the late attempt ; but it is in your hands to clear
yourselves, if any think otherwise, and so to free your pro-
fession of that scandal. As to the purpose for which I have

52 THE HISTORY OV THE [a. u. 159C.

called you together at this time, it is to mend such things as
are amiss, and to take away the questions that may move
trouble afterwards. If you for your parts be willing to have
matters righted, things may yet go well. I claim nothing
but what is due to every Christian king within his dominion,
that is to be cu3tos and vindex disciplince. Corruptions are
crept in, and more daily growing by this liberty that preachers
take in the application of their doctrine, and censuring every
thing that is not to their mind. This I must have mended ;
for such discourses serve only to move sedition and raise
tumults. Let the truth of God be taught in the ch.air of
truth, and wickedness be reproved; but in such sort as the
offender may be bettered, and vice made more odious. To
rail against men in pulpit, and express their names, as we
know was done of late, there being no just cause, and make
the word of God, which is ordained to guide men in the way
of salvation, an instrument of sedition, is a sin, I am sure,
beyond all other that can be committed on earth. Hold you
within your limits, and I will never blame you, nor suffer
others to work you any vexation. The civil government is
committed to me, it is not your subject, nor are ye to meddle
with it." After such words as these, he began to speak of
the articles proponed, desiring to hear what reasons, they had
to the contrary.

Mr Thomas Buchanan, as he was appointed, did first
protest in the name of the Assembly, " That their coming to
that place was only to testify their obedience to his majesty,
and to hear what should be proponed ; but not to submit
matters ecclesiastic, either concerning doctrine or discipline,
to their judicatory, or yet to make themselves one Assembly
with the Estates : and that therefore they should be per-
mitted to return to the place of their Assembly to treat, rea-
son, and conclude in the points moved unto them according
to the word of God and good conscience." Which protes-
tation was admitted. Then ho did humbly thank his majes-
ty for his good affection to the Church, and the care he had
to redress things that were amiss in so peaceable a manner.
And for the particulars proponed, he showed what was the
mind of the Assembly, and the reasons that led them unto it,
saying, they were willing to hear and give place to better in-
formation. Hereupon ensued a reasoning, which kept a long

A. D. 1596.] CHURCH OF SCOTLAND. 53

time, and ended in a good agreement : so the ministers Avere
dimitted, and assembling again in the ordinary place, they
corrected their first answers in this sort.

1. That it is lawful to his majesty by himself or his com-
missioners, or to the pastors, to propone in a General As-
sembly whatsoever point his majesty or they desire to be
resolved or reformed in matters of external government,
alterable according to circumstances ; providing it be done
in right time and place, animo (EcJificandi, non tentandi.

2. That no minister should reprove his majesty's laws,
acts, statutes, and ordinances, unto such time as first he hath
by the advice of his presbytery, synodal or general assem-
blies, complained and sought remedy of the same from his
majesty, and made report of his majesty's answer, before any
farther proceeding.

3. That no man's name should be expressed in pulpit to
his rebuke, except the fault be notorious and public ; which
notoriety is thus defined. If the person be fugitive, convict
by assize, excommunicate, contumax after citation or lawful
admonition ; nor yet should any man be described vively by
an^r other circumstances than public vices always damnable.

4. That no minister should use application, wherein he
hath not a principal respect to the edifying of his own flock
and present auditory.

5. That every presbytery take dihgent account of the
pastor's doctrine, and that he keep himself within the bounds
of the word.

6. That the answer of the sixth article shall be superseded
unto the next General Assembly, suspending in the mean time
all summary excommunication unto the said Assembly.

7. That the seventh article be remitted to the next
Assembly.

8. That all summons contain the special cause and crime,
and none to be given out super inquirendis.

9. That no conventions shall be amongst the pastors with-
out his majesty's knowledge and consent, except their sessions,
presbyteries, and synods, the meetings of the visitations of
churches, admission or deprivation of ministers, taking up of
deadly feuds, and the hke, which have not been found fault
with by his majesty.

10. That in all principal towns the ministers shall not be

54 THE HISTORY OF THE [a. D. 1596.

chosen without his majesty'^s consent and the consent of the
flock.

1 1 . That all matters concerning remanent questions shall bo
suspended, and neither damned nor rebuked in pulpit or
other judicatories, till they be decided in the General Assem-
bly ; and that no matters importing slander shall be called
before them in the mean time, wherein his majesty's au-
thority is prejudged, causes ecclesiastical only excepted.

Lastly, for reasoning the said questions, according to his
majesty's desire, the Assembly did ordain Mr James Nichol-
son, Mr John Coldcleuch, Mr Andrew Clayhills, Mr Thomas
Buchanan, IMr David Lindsay, Mr James INielvill, Mr
Robert Wilkie, Mr William Cowper, Mr John Cowper, Mr
Robert Rollock, Mr Patrick Galloway, Mr Robert Howy,
John Duncanson, and Mr James Bryson, to convene at such
time and place as his majesty should be pleased to appoint,
and to report their opinion and advice to the next General
Assembly.

These conclusions taken, which for a beginning did satisfy
the king, a commission was also given at his majesty's desire
to the ministers of Aberdeen and INIurray, with some others
of Mearns and Angus, for reconciling the popish lords. The
conditions reqxiired of Huntiy to be fulfilled before his ab-
solution were,

1. That he should appear before the commissioners ap-
pointed by the Assembly the twenty-second of March at
Aberdeen, and remain in that city during the time of their
conference wuth him, to the effect he might be instructed in
the truth, and brought to condescend with knowledge unto
the religion professed, and to the detestation of the contrary.

2. That he should acknowledge the Church of Scotland to be a
true church, and adjoin himself thereto, hear the word, receive
the sacraments, and be obedient to the discipline thereof.

3. That he should solemnly promise to remove forth of his
company, and from the bounds that were under his power,
all Jesuits, priests, and excommunicate persons. 4. That he
swear and subscribe the confession of the faith in presence of
the whole commissioners. 5. That he acknowledge the sen-
tence of excommunication to have been justly pronounced
against him for his apostasy from the truth, the slaughter of
the earl of Murray, and burning of Donibristle, and that he

A, D. 1596.J CHURCH OF SCOTLAND. 55

declare himself penitent therefor, promising assythment to
the party -whensoever he should be moved to accept the same.
6. That he provide sufficient maintenance to the churches
within his bounds by the advice of his best disposed friends,
and have an ordinary minister to reside with him in his
family. And lastly, That he be content to reconcile with all
that he is esteemed to carry any grudge unto, and profess
no quarrel to any of those that assisted the king in bis pur-
suit.

The like conditions were required of Angus and ErroU
(that which concerned the earl of Murray only excepted).
All matters being thus peaceably accorded, the king caused
publish the good agreement he had made with the Church,
taking in his protection the ministers with their families,
goods, and possessions, and charging all papists (those ex-
cepted that were in terms of satisfaction) to depart forth of
the country before the first of June.

The Assembly finding the king so well pleased, made bold
to intercede for the ministers, the town of Edinburgh, and
the gentlemen that were challenged for the tumult. For the
town his majesty answered, that he was not minded to
trouble innocent men, and should shortly settle with them.
Touching the gentlemen, he said, they should do well to pre-
sent their supplications by their fx'iends. But for the minis-
ters, he esteemed them most guilty, and knew not what course
to take with them. It being replied, that by the examina-
tions taken it appeared that they all, especially Mr Robert
Bruce, was a chief instrument in the staying of the tumult,
and that they should therefore be rather rewarded than
punished ; he answered, *•' That granting they did stay the
tumult, yet they were the cause of it ; and if they for that
fault were first corrected, he would not be much troubled
with their reAvard. Not the less, at the Assembly's request, he
would be content they should be relaxed, upon caution to
underlie the trial of law." Thus an end was put to that
meeting, and the next Assembly by his majesty's consent
appointed to be at Dundee the tenth of May following.

This year Mr John Lesley, bishop of Ross, departed this
life at Brussels in Flanders, where for the most part he abode
after the queen of Scotland's execution. A man (though dif-
fering from us in religion) worthy to be remembered for his

50 THE HISTOUY OF THE [a. D. 1596.

fidelity to the queen liis mistress, and the extraordinary
pains he took to procure her hberty, travailing with all the
neighbour princes to interpose their credit with the queen
of England for her relief : neither was he deficient otherwise
in ministering the best consolations he could furnish for bear-
ing patiently her cross, whereof one treatise he afterwards
published full of piety and learning. How heavily he took
her death it cannot well be expressed ; yet comforting him-
self in the best sort he could, he put off to this time, and
being much weakened by a languishing sickness that held
him some months, he ended quietly his days. The history
of his country from the beginning of the nation unto these
last times, written by him in the Latin tongue, doth witness
both his learning and judgment. It being just to give unto
every man (albeit an enemy) his due commendation, I could
not pass him unremembered. Mr David Lindsay, minister
at Leith, was in the year following provided to that see.

The diet assigned for the appearing of the town of Edin-
burgh at Perth, was upon their petition continued first to the
fifteenth day of February, and from the fifteenth again put
off to the first day of March, with a declaration, " That if
two of the bailies, with the dean of guild, treasurer, four of
the principal deacons, four of the council, and their clerk, mak-
ing thirteen in all, did enter themselves the said day, and
bring a sufficient commission from the provost, bailies, coun-
cil, and community of the town for underlying the order that
should be taken with them, as representing the whole body,
their compearance by so many should serve for all the rest."

It was the fifth of March before they were called, at which
time there compeared a number of persons, and presented a
procuratory under the seal of the town, and the subscription
of the clerks thereof, which his majesty caused to be read ;
then asking if all contained in the commission were present,
it was answered that they were all there, William Mauld
excepted, who had his majesty's letter of dispensation, which
they produced. But the same being granted the eleventh of
January, long before the deliverance upon their petition,
which expressly ordained that they should have thirteen
persons present for undergoing the trial, it was declared to
be no warrant ; and so for not fulfilling the ordinance of the
council, the towji was denounced, the burgesses declared

A. D. 1597.] CHURCH of Scotland. 57

rebels, and their coramon goods (so they called the rents be-
longing to the town) arrested to the king's use.

It was pitiful to behold the (desolation wherein the town
was then cast. The magistrates renounced their offices, and
would carry no more charge ; the people were left without
direction, wanting both magistrates and ministers; and in
this state did they continue for the space of fifteen days. At
last, by the intercession of some noblemen, the king was
pleased to receive the town in favour ; and the provost,
bailies, council, and deacons of crafts, being brought unto his
presence at Halyrudhouse the twenty-first of March, and
falling upon their knees, did with tears beg pardon for their
neghgence in not timely preventing that tumult, raised (as
they said) by a number of ill-disposed people, beseeching his
majesty to take pity of the town, which did submit itself
simply to his highness's mercy. The king, after he had sharply
rebuked them, and showed in many words the greatness of
their offence, commanded them to remove, that he might
think what was fittest to be done. Then calling for the
offers they had formerly made, he caused eke unto them the
articles following. " That the lodgings in the churchyard
wherein the ministers dwelt and kept their consultations
should be given to his majesty, and used at his pleasure.
That the ministers who should thereafter serve in the town
should dwell in their own quarters and live dispersed. That
the town should be obliged for the indemnity of the lords of
session during their sitting, under the penalty of forty thou-
sand marks. That the nether council-house, wherein the
provost and bailies did keep their meetings, should be ap-
pointed for the exchequer ; and that for the offence committed
the town should be fined in twenty thousand marks, to be paid
in four months." These conditions accepted, the kmg did
pardon the town, giving order to receive them to his peace,
and by proclamation recalled the session to sit in their former
place. Never did any king, considering the offence, temper
his authority with more grace and clemency than did his
majesty at this time ; which the people did all acknowledge,
ascribing their life and safety only to his favour.

Shortly after the ministers were also permitted to return,
and had their peace granted, but were not suffered to preach
in their places ; the king taking now the occasion of finishing

58 THE HISTORY OF THE [a. D. 1597.

that work Tchich some two years before had been moved, for
distributing the people in several parishes, and planting more
ministers among them. The let he knew was in the town,
that still put off the business because of the burthen it would
draw upon them ; and knowing that the desire they had to
have their old ministers reponed would make them the more
forward that way, he refuses to readmit them until the dis-
tribution intended was perfected, and other four ministers ad-
joined to them, for the better instruction and more orderly
government of the people. The ministers themselves did
also profess that they were wearied of that confused ministry,
as they called it ; and compearing in the Assembly, which held
at the time appointed in Dundee, they resigned their offices,
denying to serve any longer, unless they had a particular
flock designed. But because that work required a longer time
than the Assembly could well abide together, the same was
committed to certain delegates, and the ministers dwelling-
near unto Edinburgh ordained to furnish the pulpits for the
interim.

In the Assembly Mr Robert Rollock was elected to pre-
side, though he was not as yet in orders ; in so great esteem
he was with all good men for his learning, holiness, and mod-
eration. The first thing done was the taking of an account
of the ministers' travails with the earls of Angus, Huntly, and
ErroU, and of their obedience to the injunctions given in the
former Assembly. This was testified, by the ministers that
had the charge, to have been in all points so well performed,
as no more could be required of them. For verifying thereof
their several subscriptions were produced, together with an
humble supplication to the Assembly for accepting their sat-
isfaction, and receiving them in the bosom of the Church ;
which accordingly was decerned, and order given that they
should be received by the same commissioners who were ap-
pointed to meet at a certain time, and pronounce their absolu-
tion.

The next thing proponed was touching the questions left
unresolved in the last Assembly ; and because exception was
taken, by some brethren that were absent, at the articles con-
cluded at Perth, especially that it should have been acknow-
ledged for a lawful General Assembly, it was of new declared
to be a lawful Assembly, and certain explanations added to

A. D. 1597.] CHURCH OF SCOTLAND. 59

the rest of the acts : As, in the point of notoriety, the crime
should be reputed notorious, that was so manifest and known
ut nulla tergiversatione celari possit ; and for the convening
of pastors with his majesty's consent, the same was declared
to be extended to all assemblies either general or particular,
authorized by his highness's laws, and having warrant in the
word of God. His majesty did likewise express his meaning,
touching the provision of burghs with ministers, in this sort,
that when the Assembly should find it necessary to place a
minister in any town, he should either yield his consent or
give a sufficient reason of his refusal. With these declarations
the whole number were so well pleased, as, proceeding in the
rest of the questions, they determined as followeth : —
First, Where his majesty doth crave that, before the conclu-
sion of any weighty matter, his highness's advice and ap-
probation should be had thereto ; the Assembly will be
very glad to have his majesty's authority interponed to
all acts of any importance made by the Church, so as
matters formerly treated and concluded be not drawn in
question.

2. That there should be an uniform order kept in the ordi-
nation of ministers, and none admitted but by imposition of
hands, and to a certain flock on which they shall be astricted
to attend. As also such as have not received ordination
should not be permitted to teach in great rooms, except
upon urgent necessity and in the defect of actual ministers ;
and that good heed shall be taken that they did not pass
their bounds^ especially in application.

3. That no minister should exercise any jurisdiction, either
by making of constitutions or leading of processes, without
advice and concurrence of his session, presbytery, synod,
or General Assembly.

4. That all sessions should be elected with consent of their
own congregations.

5. That sessions, presbyteries, and synods should labour
to be formal in their proceedings, and that the inferior judi-
catories should be tried in this point by their superiors.

G. That in the exercises of the word Avhereunto ministers
convene, there should no application be used.

7. That in matters of importance, if the voices be different
only by two or three, nothing should be concluded until a

60 THE IllSTOIlY OF THE [a.D, 1597.

better resolution Avas taken, aud ho who holdcth the nega-
tive give rationem ncgandL

8. That presbyteries should not meddle with any thing that
is not known, without all controversy, to belong to the eccle-
siastical judicatory ; and that therein uniformity should be
observed throughout the country.

9. That no processes and acts should be extracted at the de-
sire of parties having interest.

10. Summary excommunication should bo suspended as be-
fore, and in great crimes after public intimation, the com-
mitter debarred d sacris et it privato convichi.

11. That where any presbytery should be desired by his
majesty's missive to stay their proceedings, as being pre-
judicial to the civil jurisdiction or private men's rights,
they should desist until his majesty did receive satisfaction.
The principal questions being thus decided, it was thought

meet to supersede the treating of the rest, and to give a gen-
eral commission to certain of the most wise and discreet
brethren, for all affairs that might concern the good of the
Church. For this effect choice was made of Mr David
Lindsay, Mr Thomas Nicholson, Mr Thomas Buchanan,
Mr Robert Pont, Mr Robert Rollock, IMr Alexander
Douglas, Mr George Gladstanes, Mr Patrick Galloway,
John Duncanson, Mr Patrick Sharpc, Mr James Mclvill,
Mr William Cowpcr, and John Clapperton, to whom, or to
any seven of them, power was given to convene with his
majesty at such times as they should be required, for taking
order touching the provision of ministers to the towns of
Edinburgh, Dundee, and St Andrews, the houses of the
king and prince, and to any other churches within the realm
that should stand in need to be planted ; as likewise to pre-
sent the petitions and grievances of the Church to his maj-
esty, either general or jiarticular, and to give their advice to
his highness in all matters that might serve to the weal and
peace of the Church.

How soon the Assembly dissolved. Sir Patrick Murray
was sent by the king unto the north, to see the conditions
made by the three earls to the Church performed, and to as-
sist the commissioners appointed for their absolution. He
had farther in charge to cause them to subscribe the general
bonds for the peace and quietness of the country, and to find

A, D. 1597.] CHURCH OF SCOTLAND. 61

caution each of thorn, under the pain of twenty thousand
pounds, not to traffic nor keep intelHgence with any foreigners
without his majesty's hcense by word or writing ; particularly
for the earl of Huntly it is enjoined, that he should follow
the counsel of certain barons and ministers that the king did
nominate unto him, and proceed by their advice in all weighty
affairs, especially in matters that concerned his majesty's
service. The barons nominated to him were, the laird of
Findlater, the laird of Inncs, the laird of Phillorth, the tutor
of Cromarty, the laird of Pitlurg, and laird of Cluny, or
any three of them ; the ministers were, the bishop of Aber-
deen. Mr Peter Blackburn, Mr John Forbes, Mr Robert
Howy, the parson of Turriff, and Mr Alexander Douglas, or
any three of them.

Whilst the king was thus busied to reconcile Huntly to
the Church, Mv James Gordon, Jesuit, came into the country
of intention to divert him from giving obedience ; against
whom a strict proclamation was made, inhibiting the subjects
to reset, supply, or entertain any intelligence with him, under
pain of treason, and a thousand crowns promised to any that
should apprehend and bring him to the king. And at the
same time was discovered a practice of fortifying the isle of
Ailsa, in the west seas, for receiving certain forces that
the Spanish king had promised to send thither. The con-
triver of this plot was one Hugh Barclay of Ladyland, who
being committed the year before in the castle of Glasgow,
had made an escape and gone to Spain. This year returning
to make good what he had undertaken, with some few as-
sisters, he entered into the isle (a huge rock it is, four miles
in compass, wherein is an old ruinous tower built on the
ascent of the rock, of difficult access), meaning to have vic-
tualled the same. Mr John Knox (the same who took Mr
George Kerr with the blanks some five years before) getting
intelligence of the purpose, came upon him unlocked, and
landing in the isle did encounter him in the very shore ;
for most of his company being gone to seek their sport, he
had stayed to see who those were that he espied coming to the
isle, not thinking that his purpose was known, or that any
would pursue him ; but when he perceived them to be un-
friends, and to be set for his apprehension, he ran into the sea
and drowned himself. The king did esteem this, as it was

62 THE HISTORY OF THE [a. D. 1597.

indeed, a piece of good service ; and the ne^YS thereof going
to the popish lords made them more willing to fulfil that which
they had promised ; so that, on the twenty-sixth of June, the
earls of Huntly and ErroU, upon their solemn repentance,
oaths, and subscriptions to the articles of foith, were absolved
in the church of Aberdeen. The earl of Angus in the same
manner was received by the ministers of Ivlearns and Angus.

This business ended, tljre king, for repressing the barbarous
feuds which abounded at that time in the north parts, sent a
commission to the bishop of Aberdeen, with concurrence of
Sir Patrick Murray and some ministers, for taking up their
quarrels, and with charges to cause the parties give assurance
one to another, which should endure to the first of April in
the year 1598. The feuds mentioned in the instructions
sent to Sir Patrick Murray, were the feuds betwixt the earl
of Huntly and Lord Forbes, the earl of Erroll and the laird
of Ludqharne, the laird of Drum and young Frcndraught,
with a number more. But the most deadly and dangerous,
betwixt the families of Huntly and Murray, the king reserved
to be his own v.'ork, and ceased not till the same was removed,
and a friendship made up by marriage, which should in all
reason be most lasting. Those others were by the diligence
of the bishop and ministers settled, and so the north parts
reduced unto quietness.

In the end of June the king called the commissioners of
the Assembly to a meeting at Falkland ; where amongst other
business a complaint was preferred by Mr John Lindsay of
Balcarres, secretary, against Mr Robert Wallace, minister
at St Andrews, for certain injurious speeches uttered in his
sermons, having called him a briber, and said, " That albeit
he had made conquest of fifty chalders victual in Fife, and
built a house to the skies, yet his posterity should beg their
bread, which some of his auditors should sec ; and that it was
doubtful ifever God should grant him repentance." The secre-
tary had complained of this to the presbytery, but they refused
to admit his accusation, unless the same was assisted by two
witnesses, who could affirm that the accuser had just cause to
pursue the complaint, which they alleged to be the apostle's
canon in the First Epistle to Timothy, ch. 5, v. 19, and
showed themselves so partially affected, as he was forced to
pursue the complaint before his mnjesty and the commissioners.

A. D. 1597.] CHURCH OF SCOTLAND. 63

IMr Wallace being summoned to that diet, and desired to
answer to the complaint, refused to acknowledge the judg-
ment, alleging, " That the General Assembly had given them
no commission in that particular, and that the accusation once
intended before the presbytery of St Andrews ought to have
been orderly taken out of their hands, which was not done.
This declinator being proponed, compeared Mr NicoU Dal-
gleish, moderator of the presbytery, and in their name pro-
tested against the proceedings of the commissioners in that
cause, as being once intended before them, seeing, by that
form of doing, ail the presbyteries of Scotland should be pre-
judged, and that the General Assembly, of whom they had
their commission, would not take unto them the trial of any
cause, with a neglect of the inferior judicatories." " Then,"
said the king, '•' I will hkewise protest, that seeing one of the
principal motives which induced me to crave, and the General
Assembly to yield unto this commission, was to have the like
of these offences, when they did arise, removed, and justice
done by the ministers themselves, rather than to be brought
before the council, ye will either proceed in examining the
complaint, and do that which is right, or hold me excused if
1 take order with it by another form that will not please you
so well."

The commissioners having advised the reasons of the de-
chnator and protestation, did find them all invalid and of no
force, and that they had warrant sufficient to proceed and
minister justice in that action, as well in respect of the general
power contained in their commission, as of the particular com-
mended to their care in the planting of the church of St
Andrews. So the complaint was admitted, and the fifth of
July appointed at St Andrews for trying the same.

At the day the secretary compearing, accompanied with
Mr Robert Mauld, commissar of St Andrews, and John
Arnot, clerk to the commissariat, (whom he produced as
assisting witnesses to take away the presbytery's exception,)
did insist in his complaint. Mr Wallace being asked if he
had any thing to oppose against the witnesses, refused to
answer in respect of his declinator ; whereupon they were
admitted, and upon oath declared that they knew the accu-
sation to be just, and that the secretary had not intended the
same of any purpose to calumniate or slander the said Mr

64 THE HISTORY OF THE [a. u. 1597.

Robert, but only to be repaired to bis credit and bouour,
as one wbo bad been greatly wronged by him. Tbe wit-
nesses for probation being then called, and Mr Wallace in-
quired if he had any exception against them, refused, as be-
fore, to answer. So they likewise were received, and being
sworn, deponed, that they heard the said Mr Wallace utter
the words complained of in his sermon. Not the less the
commissioners for their better information did think it meet
to call his auditors of the university, who were of better
judgment, and could truly relate what they heard. The
masters of the new college refusing to give any testimony, in
respect of the presbytery's protestation at Falkland, all the
rest affirmed what the witnesses had deponed. After which,
Mr Wallace being again called, and desired to show what
reason or warrant he had for uttering such speeches, refused
still to make answer ; nor could any persuasion break his
obstinacy, though he was earnestly laboured by JNIr Robert
RoUock and Mr James Melvill apart, who did offer, upon
the confession of the fault, that the process should cease.

The commissioners seeing no way to eschew the pronoun-
cing of sentence, in regard of his obstinacy, did yet take
counsel to visit the church, and inquire both of his and Mr
Blake's behaviour in that ministry, before they went farther.
A visitation for this effect being appointed the eleventh of
July, and Mr Blake summoned to the same day, the elders
and deacons of the Church were inquired touching the be-
haviour of them both, and the verity of the accusations laid
against them ; who all upon oath deponed that the accusa-
tions were true, and that Blake had spoken all that whereof
he was convicted before the council ; as also that the secre-
tary's complaint of Mr Wallace was most just. And being
asked touching their behaviour otherwise, they declared that
both the one and the other were given to factions, and that
they did not carry themselves with that indifferency Avhich
became preachers.

This declaration made clear way to the commissioners for
ending that business, and providing St Andrews with a more
peaceable ministry ; whereupon sentence was given that both
the ministers should be removed, and Mr George Gladstanes
(a man sufficiently qualified, serving then at Arbirlot in
Angus) translated and placed in their room, till anotlicr

A. D. 1597.] CHURCH OF SCOTLAND. 65

helper might be found out to be joined with him. This done,
the Sunday following he was accepted of the people with a
great applause, Mr Thomas Buchanan, Mr James Nicholson,
and Mr James Mclvill enterinoj him to the charge.

And because it concerned the peace of the Church no less
to have the abuses of the university reformed, the king call-
ing the governors thereof, and inquiring what order they
kept ; when he understood that, against the accustomed form,
Mr Andrew Melvill had continued rector a number of years
together, he commanded a new election to be made, and
honouring the election with his own presence in the schools
of St Salvator, ]Mr Robert Wilkie, principal of St Leonards,
was chosen rector, and appointed to bear that charge unto
the ordinary time of election. As also, for preventing the
Hke disorders, a statute was made, " That none should be
continued rector above a year, nor admitted to the said office
but after the space of three years." It was likewise declared,
" That any suppost, having received the degree of a Master
of Arts, might be chosen rector, he residing in the university
during his office, or at least the most part of the time."

In the new college, whereof the said Mr Andre\» had the
charge, all things were found out of order ; the rents ill
husbanded, the professions neglected, and, in place of divinity
lectures, politic questions oftentimes agitated : as, " Whether
the election or succession of kings were the better form of
government ? How far the royal power extended ? and. If
kings might be censured for abusing the same, and deposed
by the Estates of tlie kingdom ?" The king, to correct these
abuses, did prescribe to every professor his subject of teach-
ing, appointing the first master to read the common places
to the students, with the law and history of the Bible ; the
second to read the New Testament ; the third the Prophets,
with the Books of Ecclesiastes and Canticles ; and the fourth
the Hebrew Grammar, with the Psalms, the Proverbs, and
the Book of Job.

For the better husbanding of the rents, as well in that as
in the other colleges, it was ordained, " That there should
be a council chosen to the university, which should have
power to elect an ceconomus in every college for uplifting the
rents, and take care to see all things rightly administrated."
Of this council were named the chancellor of the university,

VOL. in. 5

66 THE HISTORY OF THE [a. D. 1597.

the conservator of the privileges, the laird of Colluthie,
Mr David Lindsay, Mr Robert Rollock, and Mr Thomas
Buchanan ; without whose consent and subscriptions it
should not be lawful to set any lease, or make other dispo-
sition whatsoever of any part of their rents.

And, lest they should be distracted by any other employ-
ment, it was concluded, " That all the doctors, professors,
and regents, not being pastors in the Church, should be ex-
empted from the keeping of sessions, presbyteries, synodical
or general assemblies, and from all teaching in churches and
congregations, exercises excepted; with a discharge to all
and every one of them, to accept any commission prejudicial
to the said exemption, under the pain of deprivation and
rebellion, at the conservator's instance, the one execution
not prejudging the other." Yet, that they should not be
thought excluded from the General Assembly, it was ap-
pointed, " That the masters and regents of the university
should meet when any such occasion did offer, and condescend
upon some three persons, of whom one should be elected by
the foresaid council, to be present at the General Assembly
for that year ; which person so chosen should not for the
space of three years thereafter be employed in that commis-
sion." These articles being openly recited in presence of
his majesty, and of the whole members of the university,
were accepted by the masters and regents, with solemn pro-
mise of obedience.

This summer there was a great business for the trial of
witches. Amongst others one Margaret Atkin, being appre-
hended upon suspicion, and threatened with torture, did con-
fess herself guilty. Being examined touching her associates
in that trade, she named a few, and perceiving her delations
find credit, made offer to detect all of that sort, and to purge
the country of them, so she might have her life granted. For
the reason of her knowledge, she said, " Tliat they had a
secret mark all of that sort, in their eyes, whereby she could
surely tell, how soon she looked upon any, whether they
were witches or not :" and in this she was so readily bcUeved,
that for the space of three or four months she was carried
from town to town to make discoveries in that kind. Many
were brought in question by her delations, especially at Glas-
gow, where divers innocent women, through the credulity of

A. D, 1597.] CHURCH OF SCOTLAND. 67

the minister, Mr John Cowper, were condemned and put to
death. In end she was found to be a mere deceiver (for the
same persons that the one day she had declared guilty, the
next day being presented in another habit she cleansed), and
sent back to Fife, where first she was apprehended. At her
trial she affirmed all to be false that she had confessed, either
of herself or others, and persisted in this to her death ; which
made many forthink their too great forwardness that way,
and moved the king to recall the commissions given out against
such persons, discharging all proceedings against them, except
in case of voluntary confession, till a solid order should be
taken by the Estates touching the form that should be kept
in their trial.

In the borders, at the same time, great troubles were
raised by the broken men of Tindale and Readsdale, who
made incursions on the Scots side, and wasted all the country
of Liddisdale. The laird of Buccleuch, that had the keeping
of those parts, to be repaired of that wrong, made a roade
into England, and apprehending thirty -six of the doers, put
them all to death, and brought away a great spoil. Sir
William Bowes being sent to complain of this, after much
debating it was agreed, that for keeping peace in the borders,
hostages should be delivered of either side. Englishmen into
Scotland, and as many Scots into England. But Buccleuch,
faihng to deliver his in due time, was commanded, for satis-
fying the queen, to enter himself into England, as he did,
remaining there from October to February next.

In the month of December a parliament was held at Edin-
burgh, for restoring the forfeited lords to their lands and
honours. Amongst the articles presented to this meeting
by the commissioners of the Church, one was, " That the
ministers, as representing the Church and Third Estate of
the kingdom, might be admitted to give voice in parliament,
according to the acts made in favours of the Church, and the
liberty and freedom thereof." The king was earnest to have
the article granted, and at last obtained an act to be made,
whereby it was declared, " That such pastors and ministers
as his majesty should please to provide to the place, title, and
dignity of a bishop, abbot, or other prelate, at any time,
should have voice in parliament as freely as any other eccle-
siastical prelate had at any time bypast. And that all

68 THE HISTORY OF THE [a. D. 1598.

bishoprics then in his majesty's hands, and undisponed to any
person, or which should liappen to fall void thereafter, should
be only disponed to actual preachers and ministers in the
Church, or to such other persons as should be found apt and
qualified to use and exerce the office of a preacher or minister,
and who, in their provisions to the said bishoprics, should
accept in and upon them to be actual pastors and ministers,
and according thereto should practise and exerce the same."
As concerning the office of the said persons in the spiritual
policy and government of the Church, the same was remitted
to his majesty to be advised and agreed upon with the Gene-
ral Assembly, at such time as his highness should think ex-
pedient to treat with them thereupon; without prejudice in
the meantime of the jurisdiction and discipline of the Church,
established by acts of parhament, and permitted to general
and provincial assemblies, and other presbyteries and sessions
of the Church.

This act gave occasion to the indicting of a General As-
sembly, which convened at Dundee in March next ; where
the king being present, did show, " That he had anticipated
the time of the Assembly (for the appointment was at Stir-
ling, the first Tuesday of May), that he might be resolved
touching their acceptation of the place in parliament, with
the form, manner, and number of persons that should be
admitted to have voice ; and thereupon desired them to enter
into a particular consideration of the whole points of the act ;
and first to reason whether it was lawful and expedient that
the ministers, as representing the whole Clmrch within the
realm, should have voice in parliament or not.

This question being long debated, first in private by some
brethren selected to that purpose, then in the hearing of the
whole Assembly, it was concluded, " That ministers might
lawfully give voice in parliament, and other pubhc meetings
of the Estate, and that it was expedient to have some always
of that number present, to give voice in name of the Church."
A second question being moved, touching the number of
those that should have voice, it was agreed, " That so many
should be appointed to give voice as of old had place in the
papistical church, to wit, fifty-one persons, or thereby."

Thirdly, touching the election of those that should have
voice, it was resolved, " That the same did appertain partly to

A. D. 1598.] CHURCH OF SCOTLAND. 69

his majesty, aud partly to the Church." And, because time
could not permit the discussing of the rest of the points, as
de modo eUgendi, what rent those ministers should have,
whether they should continue in that office ad vitam or not,
what their title should be, and the cautions to preserve them
from corruption, with other the like circumstances, the pres-
byteries were desired to consider the same throughly, and
thereafter to meet in their synods all upon one day, to wit,
the first Tuesday of June ; and having reasoned upon these
heads, to direct three of their number to convene with his
majesty (the advertisement being upon a month at least), and
with the doctors of the universities, namely, Mr Andrew
Melvill, Mr John Johnstone, Mr Robert Wilkie, Mr Robert
Rollock, Mr Robert Howie, Mr Patrick Sharpe, and Mr
James Martin, at such time and place as his majesty should
think most convenient ; with power to them being so con-
vened to treat, reason, and confer upon the said heads, and
others appertaining thereto : and in case of agreement and
uniformity of opinions, to conclude the whole question touch-
ing voice in parliament ; otherwise in case of discrepance, to
remit the conclusion to the next General Assembly.

The commissioners' proceedings in the planting of the
church of St Andrews were at the same time ratified ; but
the provision of Edinburgh, which they had likewise con-
cluded, made greater business. The king had been induced
by the humble entreaty of Mr David Lindsay, Mr Robert
Rollock, and Mr Patrick Galloway, to suffer the old ministers
to preach again in their places, upon their faithful promises
to observe the conditions following : —

1 . That they should not in pulpit make any apology for
themselves farther than to say, that they had satisfied his
majesty touching their intentions in the day of the tumult,
and that they condemned the raisers thereof, and all that
took arms, or gave command or allowance thereunto, praising
the calm and clement course his majesty hath taken in cen-
suring the same.

2. That they should at no time thereafter tax, quarrel, or
reproach, directly or indirectly, privately or publicly, any
inhabitant of Edinburgh that did show themselves affectionate
to his majesty ; and if any of them should happen to fall in

70 THE HISTORY OF THK [a. D. 1598.

any offence meriting the censure of the church discipline, they
should in the trial and censuring thereof use them indiffer-
ently, as if they had never kithed contrary to the said
ministers.

8. That they should not in pulpit speak otherwise than
reverently of his majesty's council and their proceedings, and
in their sermons labour to imprint in the people's hearts a
reverent conceit of his majesty and his actions, so far as in
them lies ; and whenas they should hear any slanderous or
offensive reports of his majesty or of any of his councillors, his
or their intentions or proceedings, they should address them
in all humility to his majesty, and with due reverence make
him acquainted with the reports, receiving his majesty's own
declaration therein, whereunto they should give credit, and
generally should conform themselves to the order set down
in the late General Assembly thereanent.

4. That they should never hereafter refuse to give account
of any of their speeches in pulpit, or of their proceedings
elsewhere ; but when his majesty should require the same,
they should plainly declare the truth of that they should be
asked, in all humbleness and simplicity, without claiming to
the general warrant of conscience not founded upon reason.

The ministers upon these conditions being licensed to
preach, and the town going on in dividing themselves in
parishes, as they had promised, a leet was presented of some
twelve persons, out of which number the commissioners of
the Church were to elect four, besides the old ministers, to
bear charge in that ministry, having his majesty's approba-
tion. The four on whom the choice fell, were Mr Robert
Rollock, principal of the College of Edinburgh ; Mr John
Hall, minister at Leitli ; Mr Peter Hewat, and Mr George
Robertson. Against the two last exception was taken be-
cause of their youth, and that they were not men of that
gravity which was required in ministers of such a place. Yet
the commissioners, after trial taken of their quaUfication,
proceeded, and decerned all the four to be admitted.

Hereof the old ministers complained, with whom the Synod
of Lothian joined, who repaired in great numbers to the
Assembly, thinking to carry the matter by voices ; but when
after a long contestation it came to be judged, the decreet of

A. O. 1598,] CHURCH OF SCOTLAND. 71

the commissioners was approved, and a new commission given
to Mr David Lindsay, Mr Robert Pont, Mr Robert Rol-
lock, Mr George Gladstanes, Mr Patrick Galloway, Mr
James Nicholson, Mr Thomas Buchanan, and Mr John
Duncanson, to place the ministers in their several parishes ;
or if any should refuse to accept, to depose them from the
function of the ministry, and plant the Church with such
others as they should think meet.

Meanwhile, because of the numbers that came from Lothian,
an act was made, " That no presbytery should thereafter
send above two or three ministers at most in commission to
the Assembly, with one baron of the bounds, and one com-
missioner from every burgh, Edinburgh excepted, who in all
public meetings were allowed to have two."

About the end of the Assembly, a motion was made for
removing all offences conceived by his majesty against any of
the ministers, and particularly against the ministers of Edin-
burgh ; whereupon the king was pleased to declare, " That
for any offences past he did freely remit them, and should
never at any time call the same to mind, in hope they would
so behave themselves in time coming, as they should still
deserve his good opinion." And so did this meeting close
with the great content of all ; Mr John Davidson only, a
man given to contention, finding that things went not to his
mind, especially in the planting of Edinburgh, to the ministry
whereof he was always aspiring, did protest in his own name
and in the name of certain other brethren, " That none of the
conclusions taken in that Assembly should be of any force, in
regard the same was not a free Assembly, but overawed by
the king." The moderator inquiring if any of the brethren
would adhere to his protestation, none was found, all con-
demning it, and the uncivil form he used in making the same.
He himself, as his custom was when he made any such
trouble, fled away, and lurked a while, till his peace was again
made.

It was now thought that the planting of Edinburgh should
receive no more delay, yet a new impediment cast in made
no less ado than the former. Mr Robert Bruce had preached
ordinarily in the town some ten years, but had not received
ordination to the ministry ; and being urged therewith, re-
fused, pretending the approbation of the General Assembly

72 THE HISTORY OF THE [a. D. 1598.

to be equivalent to an ordination. It was replied, " That
the approbation he had of the Church was a license only to
preach ; but being now to receive an office, it concerned them
to observe the form prescribed by divers acts." But this not
satisfying, he denied to yield in an iota to that which might
question his former calling. And albeit it was offered to be
declared at his entry, " That the ordination they used was
not to question his former calHug, but rather to allow and
confirm the same ;" he would not be content, except the
declaration was given him in writing. This also yielded unto,
a new difference arose among them upon the form of the
declaration ; the commissioners offering to declare the law-
fulness of his calling, and that the imposition of hands they
were to use was not given him as a new entrance to the
ministry, but as one that was taken to be entered to the charge
of a particular flock ; he requii'ing to have it expressly said,
" That they did acknowledge him a lawful pastor of Edin-
burgh, as being called by the general Church thereto."

Ten days and more were spent in the setting down of this
form ; and after many alterations at last they came to agree
on this, " That the commissioners did acknowledge his calling
to be a pastor in Edinburgh lawful, and that the imposition
of hands was not used as a ceremony of his ordination to the
ministry, but of his ordination to a particular flock." The
declaration thus formed, a day was appointed for his admis-
sion, and Mr Robert Pont, Mr Thomas Buchanan, aud INIr
James Nicholson, chosen to perform the same. Mr Robert
Pont having preached, and beginning to show what was the
business they met for, Mr Robert Bruce arose, and stepping
into the pulpit, fell a-complaining of the strict forms where-
with the commissioners had used him ; which the people
hearing, such a tumult was raised, as to all appearance the
ministry that was to use the imposition of hands had been in
danger, if the commissioner INIr John Nicholson, a man well
respected (being there as one of the elders, to testify the
Church's consent to his admission), had not by his wise and
grave speeches reduced them to quietness. Always the
business was put off for that time.

The king advertised of this was greatly offended, and com-
manded the commissioners to cite Mr Robert Bruce, and
censure him for the trouble he had made. He compearing

A. D. 1598.] CHURCH OF SCOTLAND. 73

excused himself, laying the blame on the people ; and being
charged under pain of deprivation to give obedience, and
accept the charge after the form prescribed, was upon the
ninth of IMay, the day assigned for his acceptation, admitted
by Mr David Lindsay and Mr Alexander Douglas with im-
position of hands. Thus ended that business, which made
more noise than was needful, and was judged to proceed
rather of wilfulness on his part than of any good zeal.

The day appointed for the synod drawing near, the king
sent William Melvill, commendator of Tongland, and Sir
Patrick Murray to attend the Assembly of Fife, where it
was supposed some new stirs should be made. The com-
mission given them was, not to suffer any of the conclusions
taken in the last General Assembly to be drawn in question,
and to see that, in the other heads left undecided, nothing
should be concluded definitive. But they found the synod
more peaceable than was expected, and all things carried
therein to the king's mind, Mr Thomas Buchanan, Mr
George Gladstanes, and Mr John Fairfoul being chosen
commissioners for meeting with those that should be sent
from the other synods.

The report of this gave the king hopes of a good issue to
the conference intended ; whereupon letters were sent,
desiring the doctors of the universities and commissioners
of the synod to be at Falkland the twenty-ninth of July.
There, after a long deliberation, it was with an unanime
consent agreed, —

1. Touching the manner of his election who should have
voice in parliament, that the Church should name for each
prelacy that was void six of their number, of whom the king
should take one ; ,or if his majesty did not like any of those
six, that as many others should be recommended by the
Church, of which number he should accept one, without any
more refusal.

2. That the nomination should be made by the General
i.\ssembly, with advice of the synods and presbyteries, who
should present to the General Assembly in writing the
names of the persons they esteemed fit, and have liberty to
name persons, as well without as within the bounds of their
jurisdiction : providing if there was any person within the

74 THE HISTORY OF THE [a. D. 1598t

bounds meet and qualified, he should be preferred, ccBteris
paribus.

3. Concerning his rent, that the churches being sufficiently
planted, and no prejudice done to schook, colleges, and uni-
versities already erected, he should be provided to all the
rest of the prelacy whereunto he is preferred.

4. The cautions to preserve him from corruption should
be these :

1st, That he should not propone to council, convention, or
parhament, in name of the Church, any thing without
express warrant and direction from the Church; neither
should he consent nor keep silence in the said conventions,
if any thing was moved prejudicial to the weal and hberty
thereof, under pain of deposition from his office.

2d, Next, he should be bound to give an account of his
proceedings in the discharge of his commission to every
General Assembly, and obtain their ratification of the same ;
submitting himself to their judgment, without making any
appeal, under the pain of infamy and excommunication.

dd. He should content himself with that part of his bene-
fice which should be given him for his living, and not hurt
nor prejudice the rest of the ministers within his benefice,
planted or to be planted, nor any other minister in the
country whatsoever ; and this clause to be inserted in his
provision.

Aith, He should not dilapidate his benefice in any sort, nor
make any set or disposition thereof, without the special advice
or consent of his majesty and the General Assembly : and,
for the greater warrant, should interdict himself and be con-
tent that inhibition be raised against him to that effect.

bth, He should be bound to attend the congregation faith-
fully at which he should be appointed minister, in all the
points of a pastor, and be subject to the trial and censure of
his own presbytery, or provincial assembly, as any other of
the ministers that bear no commission.

Qth, In the administration of discipline, collation of benefices,
visitation, and other points of ecclesiastical government, he
should neither usurp nor claim to himself any more power
or jurisdiction than any of his brethren, except he be em-
ployed, under pain of deprivation ; and in case he do usurp
any part of the ecclesiastical government, the presbytery,

A, D. 1598.] CHURCH OF SCOTLAND. 75

synod, or General Assembly opposing and making impedi-
ment thereto, whatsoever he should do thereafter should be
null ipso facto, without any declarator.

7f/i, In presbyteries, provincial and general assembUes, he
should behave himself in all things as one of the brethren,
and be subject to their censure.

%th. At his admission to the office of commissionary, he
should swear and subscribe all these and other points neces-
sary, otherwise he should not be admitted.

dth, If it should happen him to be deposed from the ministry
by the presbytery, synod, or General Assembly, he should
loose his place in parliament, and the benefice be void ipso
facto.

10th, That he should be called commissioner of such or such
a place, if so the parliament may be induced by his majesty
to accept that title, otherwise the General Assembly should
consider and determine the same ; as also how long he should
continue in office, whether ad vitam, except some offence
make him unworthy, or for a shorter space, at pleasure of
the Church.

It was neither the king's intention nor the minds of the
wiser sort to have these cautions stand in force, (for to sub-
ject the decrees of parliament to the Assembly, as in the
second caution, or to interdict churchmen, as in the fourth,
and serve inhibitions upon them, were things absurd ;) but to
have matters peaceably ended, and the reformation of the
policy made without any noise, the king gave way to these
conceits, knowing that with time the utility of the govern-
ment which he purposed to have established would appear,
and trusting that they whom he should place in these rooms
would by their care for the Church, and their wise and good
behaviour, purchase to themselves the authority which
appertained.

He had also matters of greater importance in hand, which
made him desire to be settled in some sort with the Church ;
for in June preceding he had directed an ambassage to the
princes of Germany, wherein David bishop of Aberdeen
and Sir Peter Young his eleemosynar, men of good abilities
and learning, were employed. Their commission was, to
inform the princes of bis right and title to the crown of Eng-

76 THE HISTORY OF THE [a. D. 1598.

land after the death of the queen Ehzabcth, and to request
their assistance, if he should stand in need thereof. The
queen was then stricken in years, and divers libels and
pamphlets divulged against his title to that crown, Avhich
made him careful to have his friends rightly informed, and
to understand what aid he might expect if opposition should
be made. " Not that ho minded (this they were willed to
declare) to wrong or offend the queen in any sort, whom he
bved and honoured as his mother, wishing her many good
and happy days, but only to strengthen himself against un-
just pretenders"; and if in the mean time they should be
pleased by a common ambassage to entreat the queen to
declare in her own time the right successor, for preventing
the plots and practices of enemies, he would take it for a
singidar friendship at their hands."

It was a painful ambassage, and by them faithfully dis-
charged; for taking their journey by Denmark, as they
were directed, and receiving letters commendatory from
that king to the princes, they travelled to Udalrick duke
of Mecklenburg, Maurice landgrave of Hesse, Frederick
duke of Saxony and administrator of the electorate, Henry
duke of Brunswick, John Adolphe diie of Sleswick, and
Joachim marquis of Brandenburg ; and having communicated
their message to them all severally, returned not before
the end of the year. Of all the princes they obtained
one answer in substance, which was, " That albeit his
majesty's right was not unknown unto them, they did esteem
it an act of great wisdom in him to make his friends
acquainted with the exceptions taken against his title, that
Avhen occasion required nothing might be wanting that lay in
their power. But to move the queen for declaring her suc-
cessor, they held it dangerous, and feared it should not so
much promove the business as offend her. Always they
should advise, and take counsel with their confederates and
allies, and follow the course which was most likely for his
benefit." This was the sum of the answer they returned.

The twenty-fourth of December the queen was brought
to the bed of another daughter, who was christened in the
chapel of Halyrudhouse the fifteenth of April, by Mr David
Lindsay, minister of Leith, and named Margaret. The carl
of Montrose (created chancellor in January preceding), with

A. ». 1598.] CHURCH OF SCOTLAND. 77

the Lord Hamilton and carl of Huntly, assisted as witnesses.
These last two were at the same time preferred to the
honour and dignity of marquises.

There died within the compass of this year divers worthy
men, amongst whom Mr John Lindsay of Balcarres, secre-
tary to the king, shall first be named ; a man honourably
descended, of exquisite learning, and a sound judgment, held
worthy by all men of the place he had in the senate, both
for his wisdom and integrity : he died of the stone, where-
with he had been pained many years.

Next to him Mr David Carnegy of CoUuthie, a wise,
peaceable, and sober man, in good credit and estimation with
the king, and taken into his pi'ivy council for his skill and
knowledge in civil affairs.

And in the Church, Mr Thomas Buchanan, provost of
Kirkheuch and minister of Ceres ; a man learned, wise, and
a strong defender of the Church's rights : having attained
to a good age, he died of a bruise which he received of a fall
from his horse.

David Ferguson, minister of Dunfermline, of the age of
sixty-five, departed also this life the same year ; a good
preacher, wise, and of a jocund and pleasant disposition,
which made him well regarded both in the court and country.

But the death of Mr Robert Rollock, taken away in the
forty-third year of his age, and in the time when the Church
had greatest need of his service, was beyond all the rest
lamented. This man was born not far from Stirling, and
trained up in letters under Mr Thomas Buchanan, who did
then keep a famous school in that town. He passed his
course in philosophy at St Andrews, and no sooner received
the degree of a Master in Arts, than he was chosen regent
of the college of St Salvator, where he had studied. In
the year 1583, he was removed to Edinburgh, and made
principal of a college which the town had there erected ;
where by his lectures of divinity in the schools, and his ser-
mons to the people (in both which he was assiduous), he came
to be greatly esteemed. But the seventeen days' tumult and
troubles that followed thereupon withdrawing him against
his mind to the keeping of assemblies and other commissions
of the Church, he was thereby much weakened ; for he was
of an infirm body, and grievously pained with the stone.

78 THE HISTORY OF THE [a. D. 1599.

■whereof at last he died. In his sickness, being visited by his
brethren of the ministry, amongst other pious exliortations,
he did earnestly beseech them to carry themselves more
dutifully towards the king, lamenting he should be so ill used
by some of their number ; and gave them a most comfortable
farewell. His torments were extreme, yet was he not heard
to use an impatient word, but was still calling on God, with
these and the hke sayings, " Haste, Lord Jesus, and tarry
not, put in thy hand and take this soul away to thyself."
At other times, " Go out, silly life, that the better life of
God may enter in." Drawing near his end, he repeated a
part of the sixth psalm, and framing a most pithy prayer out
of the same, as one exulting after victory, he cried aloud,
" Christ hath taken my yoke to bear, and now strengthened
by his grace I will follow ;" with which words he yielded up
his spirit. A rare example of holiness he was both in his
life and death ; albeit, now dead, still preacheth by liis learned
works, which it is pity should not be collected in one volume,
and preserved to posterity. He deceased the last of Feb-
ruary, and had his corpse honourably interred in the burial-
place, an innumerable multitude of people accompanying the
same to the grave.

To return to the Estate : The necessities of the king by
foreign ambassages and other extraordinary employments
daily increasing, he was forced to look the more nar-
rowly to the administration of his rents ; for the ill managing
whereof the laird of Wedderburn was put from his place, and
the office of controllery given to Sir David Murray, who was
afterwards preferred to the lordship of Scone. The prior
of Blantyre, who was treasurer, for that he had offended the
king by his partial behaviour in an action betwixt Mr Robert
Bruce and the ministers of Angus, was committed in the
castle, and forced to resign his office, which was conferred
upon the earl of Cassils by his lady's procurement. She
was the widow of the Lord Thirlstane, and said to be wealthy,
which induced him to take her to wife, against the counsel of
all his friends, who could not away with the imparity of their
age, he being a young nobleman never matched to any, and
she a woman past childbirth. But the desire he had to keep
his estate made him take that course ; and she loving to stay
at court and have her husband a ruler of affairs, made offer

A. D. 1599.] CHURCH OF SCOTLAND. 79

to advance some moneys, so as he might carry the place,
whicli was readily accepted. Yet was it not long before they
did both forthink the bargain, being pressed with a multitude
of precepts for the laying forth of money, and so were glad
to quit the office, with the loss, as was said, of forty thousand
marks, which he did advance at his entry. In his place was
the Lord Elphingston chosen, by the recommendation of his
brother, then secretary.

Whilst these things were adoing in com*t. Sir William
Bowes came ambassador from England, upon some rumours
that the king was declining to popery, and had offered his
obedience to the bishop of Rome by a letter, the copy whereof
was brought by the master of Gray from Rome, and showed
to the queen, of purpose to divide the two princes, and dis-
solve the amity which was amongst them.

The queen, though she did take the letter to be feigned,
and that the same was devised to breed a jealousy between
her and the king, thought meet to advertise what was ru-
moured, and to advise him not to build upon the friendship of
Rome. The king did take the advertisement well, and made
the ambassador very welcome, assuring him that these were
false and feigned calumnies, neither did the king think any
other at that time. Such a letter indeed was sent to the
pope, and the king's hand surreptitiously gotten thereto, for
which the secretary, Mr James Elphingston, was some years
after, upon his own confession, convicted, as we shall hear.

Whilst this ambassador remained in the country, there
fell out an accident which had almost wrought great trouble.
An Englishman called Ashfield, who had brought some hunt-
ing-horses to the king, and cunningly abused the English
warden, did make his abode at court, and was there Avell
entertained. The ambassador, whether desired by the queen
or the warden it is uncertain, caused some of his servants
keep company with the man, and allure him one day to Leith,
where having drunk liberally, he was by coach, instead of
returning to court, carried to Berwick. This being told the
king, he was greatly offended, and giving order to watch the
ambassador's lodging, sent to Berwick to bring back the man.
The governor prayed the king to have him excused, for that
the man being come within his charge, he could not dimit
him without the queen's knowledge.

80 THE HISTORY OF THE [a. D. 1599.

The king receiving this answer, did challenge the ambas-
sador, as not having carried himself dutifully, and wronged
both him and the country : but he denying the fact, affirmed
the same to have been contrived by two of his servants with-
out his knowledge and direction. This none did believe,
neither did the king vouchsafe him any more countenance.
Whereupon he parted in a great discontent.

Soon after the king went to St Andrews for a new visit of
the university, where it was ordained, " That there should
be yearly, upon the third of March, a dean of faculty of
theology elected by the doctors, the ministers resident within
the city, and the principal masters of the colleges ; which
dean so chosen should have the like privilege and jurisdiction
upon the students and professors of theology, that the deans
of philosophy had by the foundation over the professors
thereof: with express provision, that he who was elected
dean, should not till after three years space be received again
into the office."

Other conclusions were also taken for distributing the stu-
dents of theology in classes, and their yearly examination ;
but were ill observed.

At this time came forth sundry discourses touching the
succession of the crown of England, some oppugning, some
maintainino' the king's title. Amongst others Mr John Col-
vill, taking upon him one of the opposite treatises, did publish
a recantation, wherein having confuted all the contrary rea-
sons, he professed, that of malice in time of his exile he had
penned the treatise, which then out of conscience he refuted.
This was believed of many, and helped greatly to discredit
the adversary writings ; yet was he not the author of that
which he oppugned; only to merit favour at the king's
hands he did profess the work that came forth without a name
to be his : and indeed a more pithy and persuasive discourse
was not penned all that time in that subject.

The same year did the king publish his Doron Basilicon
upon this occasion. Sir James Semplc, one of his majesty's
servants (whose hand was used in transcribing that treatise),
upon an old familiarity with Mv Andrew Melvill, did give it
him to read ; who offending with some passages that touched
the ministry and present discipline, took copies thereof, and
dispersed the same amongst the ministers. Thereupon a

A. D, 1599.] CIIUUCII OF SCOTLAND. 81

libel was formed, and cast in before the synod of St Andrews,
wherein the passages at which they excepted being first set
down, it was asked, " What censure should be inflicted upon
him that had given sudi instructions to the prince (for the
treatise was directed to Prince Henry), and if he could be
thought well aiFected to religion, that had delivered such
precepts of government." Sir Patrick Murray and Mr
James Nicholson being present in the synod as commissioners
for the king, and apprehending the libel to concern his ma-
jesty, made diligent inquiry to find out the presenters. The
whole number pretending ignorance, the commissioners com-
manded the doors to be shut, and the roll of the ministers'
names to be called, who being put to their oath one by one
did purge themselves ; yet was it tried the very next day to
be laid on the table by Mr John Dikes, minister at Anstruther,
who being therefore cited before the council, was fugitive and
denounced rebel. The rumour by this occasion dispersed,
that the king had left certain directions to his son prejudicial
to the Church and religion, he took purpose to publish the
work ; which being come abroad, and carried to England, it
cannot be said how well the same was accepted, and what an
admiration it raised in all men's hearts of him, and of his
piety and wisdom. Certain it is, that all the discourses that
came forth at that time (and those were not a few), for main-
taining his right to the crown of England, prevailed nothing
so much as did this treatise against which such exceptions
had been taken.

In the end of the year happened some new jars betwixt
the king and the ministers of Edinburgh, because of a com-
pany of English comedians whom the king had licensed to
play within the burgh. The ministers offending with the
liberty given them, did exclaim in their sermons against
stage-players, their unruliness and immodest behaviour ; and
in their session made an act prohiiiiting people to resort unto
their plays under pain of the Church censm*es. The king-
taking this to be a discharge of his license, called the session
before the council, and ordained them to annul their act, and
not to restrain the people from going to th-o&Q comedies, which
they promised, and accordingly performed ; whereof pubHca-
tion was made the day after, and all that pleased permitted
to repair unto the same, to the gr.cat offence of the ministers.

VOL. III. 6

82 THE HISTORY OF THE [a. D. 1600.

The next year, which by public ordinance was appointed
to have the beginning at the calends of January, and from
thenceforth so to continue (for before that time, the year with
us was reckoned from the twenty-fifth of March), there was
an Assembly kept at Montrose, the twenty-eighth of March,
where the king himself was present. Therein that great
business of the Church's voice in parliament was determined;
and first, the conclusions taken at Falkland in July 1598
were ratified. Then touching the continuance of those that
should be chosen to give voice for the Church, it was, after
much debating, concluded, '* That he who was admitted
should yearly render an account of his commission to the
General Assembly, and kiying the same down at their feet,
should be therein continued ; or if his majesty and the As-
sembly did think it fit to employ another, he should give
place to him that was appointed." Two caveats more were
adjoined to the former. One was, " That they who had
voice in parliament should not have place in the General
Assembly, unless they were authorized by a commission from
the presbyteries whereof they were members." The other
caveat was, " That crimen ambitus should be a suflicient
reason to deprive him both of his place and office." And
now there rested no more but to nominate persons to tlie
bishoprics that were void. Aberdeen and Argyle liad their
own incumbents at the time, both actual preachers; St
Andrews and Glasgow were in the hands of the duke of
Lennox ; Murray possessed by the Lord Spynie ; Orkney
by the earl of Orkney ; Dunkeld, Brechin, and Dunblane
had their own titulars, but these were not ordinary preachers;
Galloway and the Isles were so dilapidated as scarce they
were remembered to have been. Only in Ross and Caith-
ness some provision was left, whereunto, by consent of the
Church, Mr David Lindsay and Mr George Gladstanes
were presented ; the first to the bishopric of Ross, the other
to Caithness ; who, not the less, continued still serving in
their churches at Leith and St Andrews, for as yet they
could not find any settling in their dioceses. Besides the
conclusion taken in this business, divers other good acts were
concluded at that time, as may be seen in the Book of
Records.

Some three weeks before this convention, John Dury,

A. D. 1(J00.] CHURCH OF SCOTLANB. 83

minister at Montrose, departed this lite. He was born at
Maueidine, a little village in the country of Kyle, and trained
up a while in letters in the town of Ayr ; after which he was
sent to George Dury, his cousin, abbot of Dunfermline, and
placed by him among the monks of that abbey, where he
lived three years. Then falling in some suspicion of that
which they called heresy, and delated thereof to the abbot,
after trial taken he was condemned to be immured, that is,
to be shut up between two walls till he died. Yet by the
means his friends made with that worthy nobleman, the carl
of Arran, he was delivered, and shortly after the Reforma-
tion admitted to tlie ministry ; in which he served first at
Hailes, near to Edinburgh, then at Leith, and when the civil
troubles ceased, translated to Edinburgh, where he continued
minister the space of ten years. A man earnest and zealous
in every thing he gave'himself unto, but too credulous (a fault
incident to the best natures), and easily abused by those ho
trusted ; which bred him great trouble whilst he remained
at Edinburgh. In Montrose, where he was at first confined,
and whereof soon after he became minister, he lived well
respected, and in great quietness, making it appear that the
many contests and strifes he had in former times proceeded
not from his own disposition so much as from the suggestion
of others ; for all the sixteen years he lived there, no man
did carry himself with greater modesty, nor in a more dutiful
obedience, and was therefore well beloved and esteemed by
the king. He wished earnestly to have lived unto the meet-
of the A^^-scrably, that he might have declared his mind touch-
ing the matters then in hand ; but Avhen he perceived his
sickness increasing, and that he should not continue so long,
he entreated some brethren that did visit him, to show the
Assembly, as from him, " That there was a necessity of re-
storing the ancient government of the Church, because of the
unruliness of young ministers, that could not be advised by
the elder sort nor kept in order ; and, since both the estate of
the Church did require it, and that the king did labour to
have the same received, he wished them to make no trouble
therefor, and to insist only with the king that the best mi-
nisters, and of greatest experience, might be preferred to
places." This as he directed was reported to the Assembly,
and of the greatest part well received ; for ho was certainly

84 THE UISTOHY t)l lllli [a. D. IGOO.

a sound-hearted man, and fur from all dissimulation, ever
professing what he thought, and following tlie course that he
held most expedient for the Church. To the poor he was
exceeding helpful, compassionate of those that were in any
distress, and merciful even when he seemed most severe. He
died the last day of February, in the sixty-third year of his
age.

It was in August this year that the conspiracy of Gowrie
fell forth ; a conspiracy plotted by him alone, and only com-
municated to Mr Alexander, his brother, two youths of great
hope, at whose hands no man could have expected such an
attempt. Their father had been taken away by form of
justice in the year 1584, whilst the king was yet minor, and
forced he was unto it as unto many other things that agreed
not with his mind. But the care he took of the nobleman's
children, and kindness wherewith he used them, did show
how much he disliked that proceeding ; for he restored the
eldest to his father's honour and living, his brother Alexander
he made one of his bed-chamber, a sister of theu's he pre-
ferred to be chief maid about his queen, and had a purpose
to advance the earl himself to a principal office in the king-
dom. Such and so great benefits might have endeared the
most barbarous and hard-hearted. But benefits arc no be-
nefits to the malicious, and those that are set for revenge.
The device was to allure the king to the eail's house in
Perth, and there to kill him. The king was then remaining
in Falkland, and one day early in the morning (it was the
fifth of August), as he was going to take his sport in the
park, Alexander meets him, and telleth that his brother had
intercepted a man, a Jesuit, as he supposed, with a great
quantity of gold, and that he kept the man fast in his house
at Perth, and sent him with the news, praying the king to
make haste, for that he doubted not he should learn things
woi-thy of his travel. The Idng moving some questions
touching the man's stature and habit, and the place where
he was taken, received no other answer, bnt that his bi'otlicr
would satisfy him in all those things at his coming ; which
put him in a suspicion that the gentleman was distracted, for
he observed in him some perturbation ; yet, because of the
instance he made, he yielded to go, willing liim to ride back,
and show that he would be with his brother before dinner.

I

A. D. 1600.] CHURCH OF SCOTLAND. 85

After a short chase and a buck killed, the king made to-
wards Perth, accoinpanied with the duke of Lennox, the earl
of Mar, and a few gentlemen moi-e, all in their hunting-coats.
By the way, the king did ask the duke of Lennox if he had
known Mr Alexander (for the duke had married his sister)
at any time troubled or distempered in his wits. The duke
answering -that he had never known any such thing in him,
the king insisted no farther. Being come to the town, the
Earl Gowrie did meet him, and was noted by all the company
to be in some trouble of mind, the very imagination of the
fact he went about perplexing his thoughts. But he coloured
all with the want of entertainment, saying, that ho did not
expect the king, and that his dinner was not prepared. The
king wishing him not to trouble himself with those thoughts,
because a little thing would content him, and for the noble-
men a part of his own dinner would suffice them, they dis-
coursed of hunting and other common matters till meat was
dressed. How soon the king had taken a little refreshment,
and the lords were placed at table in another room, Mr
Alexander did sound in the king's ear, that the time was fit
whilst the lords were at dinner to go and examine the
stranger. At which word the king arose, and went up stairs,
Mr Alexander going before him. The king did call Sir
Thomas Erskine (afterwards carl of Kelly) to follow him ;
but Mr Alexander turning at the door, after the king was
entered, said that the king willed him to stay below, where-
upon Sir Thomas went back. Thus the door was shut, and
Mr Alexander guiding him to an inner room, the king did
perceive a man standing alone, whereupon he asked if that
was the man. Nay, said Mr Alexander, there is another
business in hand; and with that word covering his head,
" You remember," said he, " how you used my father, and
now must you answer for it." " Your father ?" answered the
king, " I was not the cause of his death ; it was done in my
minority by form of justice. But is this your purpose, and
have you trained me hither to murder me ? Did you learn
this lesson of Mr Robert Rollock your master ? or think you,
when you have done your will, to go unpunished?" Mr
Alexander, stricken with the speeches, and the man who was
placed there to assist him trembled for fear, desired the king
to be quiet, and make no noise, for that he would go speak

86 THE IIISTOHY OK THK [a. D. 1600.

with his brother, and pacify hiin. This said, he went down
a back way, as it seemed to the court below.

Whether he did meet with his brother at that time or not
is unknown, but his stay was short, and when he returned,
he said to the king, " There is no remedy, you must die."
Then making as though he would have tied the king's hands,
they fell a-w^-estling, and the king drawing him by force to
a window in the corner that looked toward the street, as ho
espied the earl of Mar, cried, " Help, earl of INlar, help."
The voice and words were discerned by all the lords and
gentlemen, who thereupon ran to seek the king by the way
that went up ; but the doors being shut, there was no entry
that way till the same was broke by force, which took up a
large time. Upon the first cry, Sir Thomas Erskine, sus-
pecting treason, did flee upon Gowrie, and taking him by the
gorge, said, " Thou art the traitor ;" but they were quickly
sundered by his servants that stood by. The first that came
to the king was a page called John Ramsay, who falling upon
a back passage by which the traitors, after the deed com-
mitted, had purposed to escape, found the king and Mr
Alexander struggling. The king calling to him and bidding
him strike the traitor, he gave Mr Alexander two or three
wounds with his dagger, and so parted him from the king.
The man who was placed there to assist Mr Alexander did
steal away secretly ; and he himself, perceiving that the
treason was discovered, made down the stairs, where being
encountered by Sir Thomas Erskine, and asked how the king
was, because he gave no direct answer, and only said, " That
he took God to witness that he was not in the fault," he
thrust him through the body with his sword, and killed him
outright.

Sir Thomas was followed by Hugh Hereise, doctor of
medicine, and a foot-boy named Wilson, who seeing the king
safe were not a little joyed, and placing him in a little room,
and shutting the door, they prepared to defend the entry.
Gowrie accompanied with three or four servants breaketh
presently into the chamber, and with his two swords, one in
each hand, puts them all to their shift, and had undoubtedly
overthrown them, but that one of the company crying, " You
have killed the king our master, and will you also take our
lives?" he became astonished, and setting tlic points of hi.**

A. D. 1600.] CHURCH OF SCOTLAND. 87

two swords to the earth, as if he minded to cease from any
more fight, he was instantly stricken by tlie page with a
rapier which pierced the heart, so as he fell down dead.
The servants, seeing him fall, made away ; only Mr Thomas
Cranston being sore wounded, and not able to shift for him-
self, was apprehended. In this fight. Sir Thomas Erskine and
Doctor Hereise were both hurt, but nothing dangerously.

By this time the doors of the other passage being made
open, the lords and a number with them entered into the
room, who hearing what happened went all to their knees,
and the king himself, conceiving a prayer, gave thanks to
God for his deliverance, and that the device of those wicked
brothers was turned upon their own heads. The danger
that ensued was not much less, for the people of the town
taking arms did environ the house, crying " to give them out
tlieir provost, otherwise they should blow them all up with
pov/der." The rage of the multitude was great (for they
loved the earl, as being their provost, beyond all measure),
and with great difficulty were they kept back from using vio-
lence ; at last the bailies and certain of the citizens being
admitted to enter and brought to the king, when they were
informed of the truth of things, returned and pacified the
people. After which the king took horse and returned to
Falkland, where he was welcomed (the rumour of the danger
having prevented^ his coming) with great acclamations of
joy.

It was observed, not without some wondering, that after
Gowrie was killed there issued no blood for a good space
from his body, till his girdle being loosed and taken from him,
the same gushed forth in abundance. This was supposed to be
the eiFect of some characters that he did always carry in a
little bag at his girdle, which being viewed, were found to be
certain spells of necromancers, and added much to the infamy
of his death.

A dihgent search was made the days following for the
man the king saw standing in the room, and large rewards
promised to those that should find him out. In this search
one of the earl's servants, called Henry Younger, hiding him-
self out of an idle fear among some growing corns, was lulled,
and for some days supposed to have been the man ; till
' Anticipated.

88 THB HISTORY OK THE [a. D. IGOO.

Andrew Henderson, cliamberlain to Gowrie, discovering
himself to the comptroller, did offer upon promise of his life
to enter and sliow all that he knew in that business. Another
of Gowrie's servants surnanied Craigengelt was some two
days after apprehended, and both he and Mr Thomas Cran*
ston executed at Perth ; though at their dying they declared
that they knew nothing of the earl's purpose, but had only
followed him as being tlieir master unto that room, where if
tliey had known the king to have been, they would have
stood for him against their master and all others.

Henderson at his examination declared, that, the night
preceding the attempt, the earl had directed him to attend
his brother Mr Alexander, and do what he commanded.
That accordingly he accompanied him the next morning to
Falkland ; and when they were returned, being commanded
by Mr Alexander to dress hbnself in his armour, and go
•wait till he came unto him in that upper room, he obeyed.
But that he could not imagine any purpose against the king,
either in him or in the earl, nor would have believed it un-
less he had seen the same with his eyes. Being demanded
■why he did not take the king's part when he did see them
fall a-wrestUng, he excused himself by a sudden fear that
overtook him in the time ; and indeed he looked ever after
that time as one half-distracted. It was much marvelled that
in so high an attempt the earl should have made choice of
such a one ; but the man Avas of a servile spirit, and apt
enough to do mischief; and many have conjectured that, if
the treason liad taken effect, it was in the earl's purpose to
have made away both his brother and him, that he might not
be supposed to have had an}- knowledge thereof. I remem-
ber myself that meeting with Mr William Cowper. then
minister at Perth, the third day after in Falkland, he showed
me that, not many days before that accident, visiting by
occasion the earl at his own house, he found him reading a
book entituled, De conjiirationibus adversus Priucipes : and
havhig asked him what a book it was, he answered, " That
it was a collection of the conspiracies made against princes,
•which he said were foolishly contrived all of them, and faulty
either in one point or other ; for lie that goeth about such a
business should not (said he) put any man on his counsel."
And he not liking such discourses, desired him to lay away

A. 1). 1600.] cHuncii ov Scotland. 89

such books, and read others of a better subject. I verily
think he was then studying how to go beyond all conspirators
recorded in any history ; but it pleased God, who giveth
salvation to kings, as the psalm speaketh, to infatuate his
counsels, and by his ensaraple to admonish all disloyal and
traitorous subjects to beware of attempting against their
sovereigns.

Advertisement sent the next day to the council, which then
remained at Edinburgh, the ministers of the town were called
and desired to convene their people, and give thanks unto
God for his majesty's deliverance. They excusing them-
selves, as not being acquainted with the particulars, nor how
those things had fallen out ; it was answered, that they were
only to signify how the king had escaped a great danger,
and to stir up the people to thanksgiving. They replied,
" That nothing ought to be delivered in pulpit but that
whereof the truth was known, and that all which is uttered
in that place shoiild be spoken in f dth." When by no per-
suasion they could be moved to perform that duty, it was
resolved that the council should go together to the market-
cross, and that the bishop of Ross should, after a narration
of the king's danger and deliverance, conceive a public
thanksgiving, which was done, the multitude applauding and
expressing a great joy.

The Monday following the king came to Edinburgh, ac-
companied with divers noblemen and barons, and heard a
sermon preached at the cross by Mr Patrick Galloway, who
choosing the hundred and twenty-fourth psalm for his theme,
did take occasion to discourse of all the particulars of that
conspiracy, and gave the people great satisfaction : for many
doubted that ther§ had been any such conspiracy, " The
condition of princes being," as the Emperor Domitian said,
" herein miserable, that even when conspiracies made against
their persons are discovered, yet they are not credited, unless
they be slain." The next day the king in a solemn council
kept at Kalyrudhouse, to testify his thankfulness for his
deliverance, and to perpetuate .the memory thereof, did mor-
tify for the entertainment of some poor men the rent of a
thousand pounds yearly to be taken of the readiest fruits of
the abbacy of Scone, and ordained an honoura-ble reward to
be given to the three gentlemen that had been the instru-

90 THE HISTORY OF THE [a. D. 1600.

ments of his preservation, and the cause of the reward to be
specified in their patents.

After this, order was taken for a public and solemn thanks-
giving to be made in all the churches of the kingdom, and
the last Tuesday of September with the Sunday following
appointed for that exercise.

The ministers of Edinburgh, who gave the refuse, were
commanded to remove themselves out of the town within
forty-eight hours, and inhibited to preach within his majesty's
dominions imdcr pain of death. jVIr Walter Balcanquel, Mr
WiUiam Watson, and Mr John Hall, three of that number,
compearing at Stirling the 10th of September, and declaring,
that they were thoroughly r-esolved of the truth of Gowrie's
conspiracy, and willing to amend their former fault, were
pardoned, upon condition that, before their return to Edin-
burgh, they should in the churches appointed to them pub-
licly preach, and declare their persuasion of the truth of that
treason, craving God and his majesty forgiveness for the
question they made thereof, and rebuking all such as con-
tinued in that doubtfulness. The churches designed to them
were Tranent, INIusselburgh, and Dalkeith, for Mr Walter
Balcanquel ; Dunbar and Dunse, for Mr William ^^'atson ;
and for Mr John Hall, Dunfermline, St Andrews, and Perth.

Mr James Balfour, the day following, upon the like con-
fession, was remitted, and ordained to publish his resolution
in the chui'ches of Dandce, Montrose, Aberbrothock, and
Brechin.

But Mr Robert Bruce, taking a course by himself, and
saying, " He would reverence his majesty's reports of that
accident, but could not say he was persuaded of the truth
of it," was banished the king's dominions, and went into
France.

The fifteenth of November a parliament was held at Edin-
burgh, wherein sentence of forfeiture was pronounced against
Gowrie and Mr Alexander his brother, their posterity dis-
inherited, and, in detestation of the parricide attempted, the
whole surname of Ruthvcn abolished. But this last was
afterwards dispensed with, and such of that name as were
known to be innocent tolerated by tlie king's clemency to
enjoy their surnames and titles as in former times. The
bodies of the two brothers being brouglit to the Parliament

I

A. D. 1600.] CHURCH Ol" SCOTLAND. 91

House were, after sentence given, hanged upon a gibbet in
the pubUc street, and then dismembered, their heads cut off
and affixed upon the top of the prison-liouse. This done, the
Estates, in acknowledgment of the favour and grace they all
had received of God, by the miraculous and extraordinary
preservation of his majesty from that treasonable attempt,
did ordain, " That in all times and ages to come, the fifth of
August should be solemnly kept with prayers, preachings,
and thanksgiving for that benefit, discharging all work,
labour, and other occupations upon the said day, which might
distract the people in any sort from those pious exercises."

Divers other good and profitable acts, as well for the
Church as kingdom, Averc concluded in this parliament ; as
the act decerning " all marriages contracted betwixt persons
divorced for adultery to be null, and the children begotten
by such unlawful conjunction incapable of succession to their
parents' inheritance ;" as also the act made for removing
and extinguishing of deadly feuds, which the king had ever
striven to abolish, was in that time confirmed by the whole
Estates.

Upon the close of the parliament the king went to Dun-
fermline to visit the queen, who was brought to bed of a son.
The cjaristening was hastened because of the Aveakness of the
child, and that his death was much feared. He was named
Charles, and, contrary to the expectation of most men, grew
unto years and strength, and surviving Prince Henry, his
elder brother, reigns happily (at) this day over these king-
doms ; which that he may long do is the desire and wish of
all good subjects.

In the end of the year Mr John Craig, that had been
minister to the king, but through age was compelled to quit
the charge, departed this hfe. This man Avhilst he lived
was held in good esteem, a great divine and excellent preacher,
of a grave behaviour, sincere, inclining to no faction, and,
which increased his reputation, living honestly, without os-
tentation or desire of outward glory. Many tossings and
troubles ho endured in his time ; for being left young and his
father killed at Flodden, after he had got an entrance in
letters, and passed his course in philosophy in St Andrews,
he went to England, and waited as pedagogue on the Lord
Dacres his children, the space of two years. Wars then

92 THE HISTORY OF THi: [a. D. 1600.

arising betwixt the two realms, he returned home, and became
one of the Dominican order ; but had not Uved long among
them when, upon suspicion of heresy, he was put in prison.
Being cleared of that imputation, he went back again into
England, and thinking by the Lord Dacres' means to have
got a place in Cambridge, because that failed, he went to
France, and from thence to Rome. There he found such
favour with Cardinal Pole, as by his recommendation he was
received among the Dominicans of Bononia, and by them first
appointed to instruct the novices of the cloister : afterwards,
when they perceived his diligence and dexterity in businesses,
he was employed in all their aftaii's throughout Italy, and
sent in commission to Chios, an isle situated in the Ionic Sea,
to redress things that were amiss amongst those of their
order.

Therein he discharged himself so well, that at his return
he was made rector of the school, and thereby had access to
the libraries, especially to that of the Inquisition ; where
falling on the institutions of John Calvin, ho was taken with
a great liking thereof, and one day conferring with a reverend
old man of the monastery, w^as by him confirmed in the opi-
nion he had taken, but withal warned in any case not to utter
him.self, or make his mind known, because the times were
perilous. Yet he neglecting the counsel of the aged man,
and venting his opinions too freely, was delated of heresy,
and being sent to Rome, after examination, imprisoned. Nine
months he lay there in great misery ; at the end whereof,
being brought before the judge of the Inquisition, and giving
a clear confession of his faith, he was condemned to be burnt
the next day, which was the nineteenth of August.

It happened the same night Pope Paul the Fourth to
depart this life ; upon the noise of whose death the people
came in a tumult to the place where his statue in marble
had been erected, and puUing it down, did for the space of
three days drag the same through the streets, and in the
end threw it in the river of Tiber. During the tumult all
the prisons were broken open, the prisoners set free, and
among those Mr Craig had his hberty. As he sought to
escape (for he held it not safe to stay in the city), two things
happened unto him not unworthy of relation. First, in the
suburbs, as he was passing, he did meet a sort of loose men,

A. D. 1600.] CHUKCH OF SCOTLAND. 93

whom they called banditti ; one of the company, taking him
aside, demanded if he had been at any time in Bononia. He
answered that he had been some time there. Do you not
then remember, said he, that walking on a time in the fields
with some young noblemen, there came unto you a poor
maimed soldier, entreating some relief? Mr Craig replying
that he did not well remember. But I do, said he, and I
am the man to whom you showed kindness at that time : be
not afraid of us, ye shall incur no danger. And so convey-
ing him through the suburbs, and showing what was his
safest course, he gave him so much money as might make his
charge to Bononia, for he intended to go thither, trusting to
find some kindness with those of his acquaintance ; yet at his
coming he found them look strange, and fearing to be of new
trapped, he slipped away secretly, taking his course to
Milan.

By the way another accident befell hirn, which I should
scarce relate, so incredible it seemeth, if to many of good
place he himself had not often repeated it as a singular testi-
mony of God's care of him, and this it was. When ho had
travelled some days, declining the highways out of fear, he
came into a forest, a wild and desert place, and being sore
wearied lay down among some bushes on the side of a little
brook to refresh himself. Lying there pensive and full of
thoughts (for neither knew he in what part lie was, nor had
he any means to bear him out the way), a dog cometh fawn-
ing with a purse in his teeth, and lays it down before him.
He stricken with a fear riseth up, and looking about if any
were coming that way, Avhen he saw none, taketh it up, and
construing the same to proceed from God's favourable provi-
dence towards him, followed his way till he came to a little
village, where he met with some that were travelling to
Vienna in iVustria, and changing his intended course went in
their company thither.

Being there, and professing himself one of the Dominican
order, he was brought to preach before Maximilian the
Second, who, liking the man and his manner of teaching,
would have retained him, if by letters from Pope Pius the
Third he had not been required to send him back to Rome,
as one that was condemned for heresy. The emperor not
liking to deliver him, and on the other part not willing to

94 THE HISTORY l)I' THE [a. D. IGOi.

fall out with the pope, did quietly dimit him with letters of
safe conduct. So travelling through Germany he came to
England, and being there informed of the reformation begun
at home, he returned into Scotland, and made offer of his
service to the Church. But his long desuetude of the
country language (which was not to be marvelled, consider-
ing that he had lived abroad the space of twenty-four years),
made him unuseful at first ; now and then to the learncder
sort he preached in Latin in the Magdalen's Chapel at
Edinburgh, and in the year 1561, after he had recovered
the language, was appointed minister at Halyrudhouse. The
next year he was taken to Edinburgh, and served as
colleague with Mr Knox the space of nine years. Then by
the ordinance of the Assembly he was translated to Montrose,
where he continued two years, and upon the death of Adam
Hej'iot was removed to Aberdeen, having the inspection of
the churches of Mar and Buchan committed to his care. In
the year 1579 he was called to be the king's minister, and
served in that charge till, borne down with the weight of
years, he was forced to retire himself. After which time,
forbearing all public exercises, he lived private at home,
comforting himself with the remembrance of the mercies of
God that he had tasted in his life past ; and this year, on
the twelfth of December, without all pain died peaceably at
Edinburgh in the eighty-eighth year of his age.

In the beginning of the next year there happened a great
stir in the court of England, which, concerning the king in
some sort, I must needs touch. The earl of Essex, who had
been a long time in special favour with the queen, and was
then upon some displeasure kept from the court, not endur-
ing to be thrust down (as he complained) by his adversaries
into a private life, did resolve to make his way unto the
queen by force, to seize upon her person, and remove from
her company those he judged to be his adversaries. But
the purpose failing, he was taken himself, and committed to the
Tower. A while before he had written letters to the king full
of respect, informing that they who had the managing of all
affairs under the queen were inclining to the infanta of
Spain, and advising him to send ambassadors into England,
and urge the declaration of his title of succession. Tlio
king, though ho could have wished his title to be declared,

A. D. 1601.] CHUllCH OF SCOTLAND. 95

did not think that time tilting for such propositions ; yet
upon the report of his apprehension he resolved to employ
some in commission to the queen. And to this eifect made
choice of the earl of Mar, joining with him the abbot of
Kinloss ; who coming to the court some days after the
execution of Essex, and having access to the queen, did
congratulate her good success in repressing that audacious
attempt. This she took well, and was glad to hear so much
from thcra, because of the rumours which were then dis-
persed, that Essex was made away for favouring the king of
Scots' title, and that if the ambassadors had come in time
they would have dealt for him. A good answer was here-
upon given to all their instructions, and whereas, among
other points of their commission, they were willed to seek an
assignment of some portion of land in recompense of the
lands belonging to the Lady Lennox, the king being her
lawful heir ; the queen excusing herself touching the lands,
was content to add to the annuity formerly paid the sum of
two thousand pounds yearly, as long as he kept fast and
held one course with her. Besides this satisfaction obtained
of the queen, they did so work with the principal noblemen
and councillors, as they won them to be the king's friends,
and, at their return, gave his majesty assurance of a peace-
able reception to that crown after the decease of the queen,
which was some two years after really performed.

Much about this time had Pope Clement the Eighth sent
his breves (as they call them) into England, warning all the
clergy and laity that professed the Roman faith, not to
admit after the queen's death any man, how near soever in
blood, to be king, unless he should bind himself by oath to
promove the Catholic Roman religion at his power. And, at
the same time, came Mr John Hamilton and Mr Edmond Hay,
Jesuits, into Scotland, two factious and working spirits, and
therefore much suspected by the king ; the first especially,
for that he was known to have been a chief instrument of
the seditions raised in the city of Paris in the time of the
league. How soon the king understood of their repairing
into the country, a proclamation was given out inhibiting their
reset under the pain of treason. In this proclamation, to
make them the more odious, they were compared to Bothwell
and Gowrie; tho king declaring that he would judge no

96 THK niSTODY OF THK [a. D. lOOl.

otherwise of their resetters than of those that did treason-
ably pursue his own Hfe. This notwithstanding, they found
lurking-holes amongst the papists in the north, and kept the
country till, after some years, that ]\Ir John Hamilton was
apprehended and carried to the Tower of London, where he
died.

The church of Edinburgh remained all this while destitute
of a number of their ministers, the conditions prescribed unto
them when they were pardoned not being performed. Of
the four, only Mr John Hall, having given obedience, was
licensed to return to his charge ; the other three, upon I
kiiow not what pretext, deferred to make their declaration,
as was appointed, and were thereupon in the Assembly con-
vened at Burntisland the twelfth of May, ordained to be
transported from the ministry of Edinburgh, and placed in
such parts of the country as the commissioners of the Church
should think meet. This Assembly was called by his
majesty's proclamation, partly for taking order with the
church of Edinburgh, partly for repressing the growth of
popery, which was then increasing ; and where it should
have held at St Andrews, was, in regard of the king's indis-
position, brought to Burntisland.

Mr John Hall, being elected to moderate the meeting, did
begin with a regrate of the general defection from the purity
and practice of true religion, which he said was so great,
that it must of necessity at last conclude either in popery or
atheism, except a substantious remedy were in time provided.
And because the ill could not be well cured unless the causes
and occasions thereof should be ript up, he exhorteth those
that were assembled to consider seriously both of the causes
of the defection, and the remedies that were fittest to be
applied.

After long conference, the causes were condescended to
be, the wrath of God kindled against the land for the un-
reverent estimation of the gospel, and the sins in all estates,
to the dishonour of their profession ; lack of care in the
ministry to discover apostates ; too hasty admission of men
unto the ministry ; ministers framing themselves to the
humours of people ; the desolation of the churches of Edin-
burgh ; the advancing of men to places of credit that were
ill-aftecled in religion ; the odnration of his majesty's cbi!-

A. D. IGOl.] CHURCH OF SCOTLAND. 97

(Iren in the company of papists ; the training up of noble-
men's children under suspect pedagogues; the decay of
schools; and the not urging of the reconciled lords to
perform their conditions.

For remedy of the foresaid evils it was ordained, that a
public humiliation should be kept throughout the realm the
last two Sundays of June, with fasting and prayer, for
appeasing the wrath of God kindled against the land ; that
the ministers of every presbytery should after the dissolving
of the Assembly take up the names of the recusants within
their bounds, and send them to the king's ministers ; that
places of greatest need should be furnished with learned and
wise preachers, and in the meantime, till that might take
eifect by a constant provision of ministers to those places,
that the meetest for that purpose should be appointed to
attend for a certain time in the families of the reconciled
lords, for their better confirmation in the truth. The rest
of the remedies resolved all in petitions to his majesty, for
the planting of churches, the not permitting of those who
were under process for popery to have access to court, and a
care to be taken of the good education of the children of
noblemen. To all which the king gave favourable answers ;
and for the removing of the princess his daughter from the
Lady Livingstone, which was earnestly entreated by the
whole Assembly, his majesty did promise to bring her to his
own house before the terra of Martinmas next.

Whilst mattei's were thus proceeding, there was dehvered
a letter sent by Mr John Davidson to the Assembly, where-
in, as if he would awake his brethren fallen asleep, he began
with a strong cry, " How long shall we fear or favour flesh and
blood, and follow the counsel and command thereof ? Should
our meetings be in the name of man ? Are we not yet to take
up ourselves, and to acknowledge our former errors, and feeble-
ness in the work of the Lord ? " And a little after. " Is it time
for us now, when so many of our worth}' brethren are thrust out
of their callings without all order of just proceeding, and Jesuits,
atheists, and papists are suffered, countenanced, and advanced
to great rooms in the realm, for the bringing in of idolatry,
and captivity more than Babylonical, with an high hand, and
that in our chief city, — Is it time for us, I say, of tlie min-
istry, to be inveigled and blindfolded with pretence of
vol.. III. 7

98 THE HISTORY OT THK [a. D. 1G01.

preferment of some small number of our brethren to have
voice in parliament, and have titles of prelacy ? Shall we
■with Samson sleep still on Daiilah's knees, till she say, * The
Philistines be upon thee, Samson ? ' " Then, scoffing at the
king's doings, he said, " But Bonnyton is executed, an in-
famous thief in the highest degree ! What is that to the
cause of religion, whereof no question was moved ? Is there
no papist nor favourer of papists in Scotland but Bonnyton ?
But the king is sound in religion, what can the adversaries do !
Being sound, the danger were the less ; but there is nothing
either in church or king accoixiing to our calling," &c. In
postscript to the same letter he wished them to be wary of
determining any thing touching the planting of Edinburgh,
in respect of any promises against papists, and to remember
that Melms et opiahilius est helium pace impia, et a Deo
distrahevte.

This letter, laughed at by some, did greatly offend the
wiser sort, who would have proceeded to censure the man as
he had deserved, but that the king interceded, willing them
to leave the punishment to him, and go on with their own
affairs as they had begun. So the letter being cast by, the
planting of Edinburgh was next handled ; and after some
reasoning it was concluded, that the three ministers, Mr
Walter Balcanquel, Mr James Balfour, and Mr ^Villiam
Watson should be transported, and others placed in their
rooms. The care of this among other things was intrusted
to certain commissioners deputed by the Assembly, who had
power given them for all matters that concei-ned the Church,
unto the next general meeting.

After this a proposition was made for a new translation of
the Bible, and the correcting of the Psalms in metre. His
majesty did urge it earnestly, and with many reasons did
persuade the undertaking of the work, showing the necessity
and the profit of it, and what a glory the performing thereof
sliould bring to this Church. Speaking of the necessity, he
did mention sundry escapes in the common ti'anslation, and
made it seen that he was no less conversant in the Scriptures
than they whose profession it was; and when he came to
speak of the Psalms, did recite whole verses of the same,
sJiowing both the faults of the metre and the discrepance
from the text. It was the joy of all that were present to

A, D. 1001.] CHURCH OF SCOTLAND. 99

hear it, and bred not little admiration in the whole Assembly,
who approving the motion did recommend the translation to
such of the brethren as were most skilled in the languages ;
and the revising of the Psalms particularly to Mr Robert
Pont ; but nothing was done in the one or the other. Yet
did not the king let this his intention fall to the ground, but
after his happy coming to the crown of England set the
most learned divines of that Church a-work for the transla-
tion of the Bible ; which, with great pains and to the
singular profit of the Church, they perfected. The revising
of the Psalms he made his own labour, and at such hours as
he might spare from the public cares went through a number
of them, commending the rest to a faithful and learned
servant, who hath therein answered his majesty's expec-
tation.

The act for restraining the liberty of application in
exercises was of new ratified, and an ordinance made against
the preaching of young men not admitted to the ministry
in the chief places of the country ; which done, and the next
Assembly being appointed to hold at St Andrews the last
Tuesday of July, amio 1602, the meeting dissolved.

Soon after the king, by the advice of the commissioners
of the Church, received in favour the three ministers of
Edinburgh that were ordained to be translated to other
places, and licensed them to return to their cliarges. Mr
John Dikes also, who had lurked unto this time, having
composed some eucharistic sonnets (as he called them) for
his majesty's preservation, was pardoned, and permitted to
return to his place. But Mr John Davidson, presuming to
find the like favour, and appearing in public without warrant,
was taken and committed to the Castle of Edinburgh, whea-e
he remained some months, till, by the intercession of the
king's ministers, he was also put to liberty.

In the State, the Lord Maxwell began to make new
troubles ; and, notwithstanding he was prohibited to repair
within the bounds of Nithsdale and Galloway, he went homo
without license, having contrived the death of Sir James
Johnston then warden. But the purpose failing, he made
an incursion upon Annandalc, raising fu'e, and committing
slaughter ; whereupon great stirs were moved in those
parts, which were not pacified till the February after ; at

100 THE UISTOUY (.IF THE [a. D. 1001.

which time the king, going in person to Dumfries, made him
leave the country, and put in sureties for his remaining
within the bounds of Clydesdale.

In July thereafter, Lodowick duke of Lennox was sent in
an ambassage to France, ratlier for confirming the old amity
and friendship, than for any business else. There went with
him Sir Thomas Erskine and Sir William Livingstone of
Kilsyth, two of his majesty's privy council ; Mr John
Spottiswoode, then parson of Calder, was directed to attend
him as his chaplain or preacher. The duke taking his
journey by sea arrived at Dieppe the twenty -fourth of that
month, and upon the tenth day after entered into Paris,
accompanied by James archbishop of Glasgow, and a great
train of Scotsmen, who did meet him at St Denis. He
had presence of the French king at St Germains, some seven
leagues from Paris, and was very kindly accepted. A few
days after, the king went to Fontaineblcau, where the queen
was to lie of childbirth. Thither the duke did follow him,
and was entertained with hunting and the like sports unto
the queen's delivery, which fell out the seventeenth of
September. Going then unto tlie country to saltite his
mother, Madame D'Aubigney, and other his friends, whilst he
was about these offices of kindness, the king went by post to
Calais, upon some inteUigence, as it was said, from England,
that the queen was fallen sick. He himself gave out tluit the
affairs of Flanders did occasion his journey, for as then the
archduke was besieging Ostcnd. But whatsoever the busi-
ness was, no man doubted but that he had an eye upon the
succession of England ; and if he could have found a faction,
would have foisted in another bastard of Normandy, which
oftentimes in a merriment and gallantry he spared not to
utter.

The duke, after his return to Paris, made no long stay,
but taking his leave of the French king, who was then come
back from Calais, took journey towards England, and came
to London in the beginning of November. A parliament
was then sitting at Westminster, (the last that Queen Eliza-
beth held), which, with his coming upon that instant, gave
many to think that he was come to urge a declaration of the
king's right of succession ; and not a few they were, nor of
small note, that offered to assist, if he should move anv such

A. D. 1601.] CHUUCH OF SCOTLAND. 101

business ; but he told them, that neither had he any such
commission, nor would the king ever agree to any thing that
might breed a jealousy in the queen. And his commission
indeed \vas no other but to salute the queen in the king's
name, and let her know the kind and filial affection he
carried unto her, whereof he should be willing to give proof
at all occasions. And for that he was given to understand
that the Irish rebels had drawn in some Spanish forces into
Ii'eland, to fortify themselves in their rebellion, he would, if
his aid should be thought necessary, employ the same for
their expulsion. The queen, giving the king many thanks,
said, that if those troubles continued, she would take his
help, and hire some of his Highlanders and Islesmen ; but
she trusted to hear other news shortly, and not be vexed
long with those strangers. As also it came to pass : for the
very next month the Lord Montjoy her deputy did, in a
battle fought near Kinsale, defeat the Irish utterly, and
afterwards forced the Spaniards that had taken the town to
render, upon condition of their lives saved, and that they
might be transported again into their country.

The duke, after three weeks' stay, being feasted by the
queen and entertained with all compUments of amity, re-
turned homo, and came to Edinburgh in the end of Decem-
ber ; where, having related his proceedings in council, they
were all approved. The Lord Elphingston had in his
absence resigned the office of treasury upon an offence, as
was thought, he conceived for adjoining some others unto him
in the composing of signatures : and now was Sir George
Home, one of the masters of the equerry, preferred to the
office, which he discharged by his deputy, Sir John Arnot,
both to his majesty and the country's content.

The next summer the king having resolved to plant
inlandmen in the isles, and transport the inhabitants into
the mainland, where they might learn civility, made a
beginning at the Isle of Lewis. The undertakers were
Patrick abbot of Lindores, Colonel William Stewart, Captain
William IMurray, Mr John Learmonth of Balcomie, Mr
James Spence of Wormiston, Sir James Anstruther of that
ilk, and James Forret of Fingask. These gentlemen
furnishing themselves with arms and shipping, and having
conduced a number of soldiers, took sea, and in the third or

^c^S-OCAT^

102 Tllli HISTOKY OF THE [a. D. 1602.

fourth day arrived in the lake of Stornoway within the same
isle. Murdoch Macleod, base son to old Macleod, who
carried himself as lord of the isle, made at the first some
resistance ; but after a little conflict, distriistiug the people,
for he had used them with great tyranny, he fled and forsook
the isle, leaving the indwellers to the discretion of the inva-
ders. They, how soon he was gone, did all submit them-
selves, and accept such conditions as were oiFered by the
undertakers.

Being thus peaceably possessed, the laird of Balcomie,
either sent by the rest to signify their good success and to
make preparation against the Avinter, or for some private
business of his own, took purpose to return home, and being
launched a little from the coast, and by reason of the calm
forced to cast anchor, was suddenly invaded by the said
Murdoch Macleod, with a number of birlings (so they call the
little vessels those islesmen use), the ship boarded, the
mariners killed, and himself made prisoner. The gentleman
being detained some days, and hourly threatened with death,
was afterwards ransomed by one of his friends, and conveyed
to Orkney, where contracting a fever he died. The rest of
the gentlemen, to repair this injury, conducted Neil Macleod,
brother to the said Murdoch, to betray and deliver him in
their hands ; which he performed shortly after, having by
an ambush laid for his brother apprehended him, and some
twelve more that were in his company. The twelve he pre-
sently beheaded ; Murdoch he delivered to the gentlemen,
as he had promised, who was afterwards transported to St
Andrews, and there executed.

The undertakers thinking themselves now secured, began
to build, and make a partition of the lands, letting the same
to the country people, who did all swear fidelity unto them ;
but whilst they expected no trouble, Norman Macleod, son
to old Macleod, did on the sudden beset them, put fire to
their lodgings, and forced them to the conditions following :

First, that they should purchase to them a remission from
the king of all crimes and offences past.

Next, that they should resign to Norman all the right
which they had acquired of the Isle of Lewis.

And thii'dly, that Sir James Spence, with his son-in-law
Thomas Monypenny of Kinkell, should remain as pledges

A. 1). 1GU2.J CHUIICU OV SCOTLAND. 103

until the remi&siou was brought unto hiiu, aud such a surety
given of tlie isle as he could devise.

This condescended unto, Sir James Anstruther departed
with the whole company that u'as left (for many were killed
before their yielding), and, for relief of the pledges, obtained
of the king both the remission and security of the isle that
was desired, which was sent to Norman by James Learmonth,
son to the laird of Darcie. By this mean were the pledges
freed, and for that time the whole enterprise defeated. Some
three years after, the same was of new attempted, with what
success we shall hear in the own place.

Mr Robert Bruce, who as we showed before was exiled in
France, obtained license to return in the beginning of this
summer, by the intercession of the earl of Mar, whom he had
entreated to mediate his peace, upon promise at his return to
satisfy the king, and declare his resolution in that matter of
Gowrie. The king, who never showed himself difficile
(especially to ministers that professed penitency for their
errors), gave warrant to recall him ; and he appearing before
the commissioners of the Church, at Perth the twenty-fifth
of June, where his majesty was present, acknowledged his
error, professed his resolution touching the guiltiness of those
unhappy brothers, aud promised, if his majesty should license
him to return to his place, to declare the same publicly in the
first sermon he should have to the people. The king doubt-
ing his performance (for he had often in other matters tried
his inconstancy) caused the same to be set down in writing
upon the back of the letter he had sent to the earl of Mar,
and after he had subscribed the same, made all the commis-
sioners that were present (eleven in number) to set their
bands thereto as witnesses. This done, he Avas admitted to
kiss his majesty's hand, and licensed to return to his place.
But as the king had conjectured, so it fell out ; for coming to
Edinburgh, where it was expected he should have done what
he had both promised and subscribed, he left the town, pre-
tending that his ministry should thereby be discredited, and
he esteemed to preach by injunction. The General Assembly
of the Church meeting in November following, the king, to
remove this pretext, after he had showed all the particulars
of his proceeding with Mr Robert, and produced the letter
sent by him to the earl of Mar, together with his subscription

104 THE HISTORY Or THE [a. D. 1602.

in the meeting of Perth, desired the voices of the Assembly,
•whether or not he ought to utter his resolution in pulpit as
he had promised. They all, r.ot one gainsaying, declared,
" That he was bound both in duty and conscience to fulfil his
promise, so much the rather, that by his distrust and dis-
obedience to the council's charge he had confirmed ill-disposed
people in their suspicions." Yet this ordinance did not con-
tent him ; and so, delaying to give satisfaction, he was by the
commissioners of the Church discharged from the ministry of
Edinburgh the year following.

In this Assembly, Mr Patrick Galloway being chosen to
pi'eside, he made a speech to the king, wherein he showed,
" That the Church was oppugned by two sorts of enemies, to
wit, papists and sacrilegious persons ; and therefore in the
name of the whole Church entreated his majesty, that, as he
had with great travail and happy success made the principals
of the popish profession to conform themselves in outward
obedience, so he would use his princely authority towards
the other sort, and compel them, if not to restore all, at least
to grant a competent allowance to ministers forth of the tithes
they possessed." The king accepting the petition graciously,
said, " That it should not be well with the Churcli so long as
ministers were drawn from their charges to attend the yearly
modification of stipends, and that he held it fittest once to
condescend upon a competent provision for every church,
and deal with those that possessed the tithes to bestow a part
thereof to the foresaid use ; and seeing that business would
require a longer time than they could well continue together,
that they should do well to make some overtures to those
that had the commission for stipends, promising for himself
that he should stand for the Church, and be an advocate for
the ministers."

After a long deliberation, these overtures were proponed.
" First, That the ministers having stipends assigned to them
forth of the tithes of the churches where they served, a per-
petual security should be made to the tacksmen, and a cer-
tain grassum condescended on for every chalder of victual,
which should be paid for nineteen years' lease ; at the expir-
ing whereof, another lease upon the hke conditions should be
renewed for as many years, the principal tacksmen being-
obliged to grant the like security for his subtacksmen. 2d,

A. D. 1602.] CHURCH OF SCOTLAND. 105

That the prelacies should be disponed to actual ministers, the
churches annexed thereto being sufficiently provided, and the
tenth of the superplus paid to the king ; or otherwise, that
all the great benefices should be dissolved, the prelate enjoy-
ing the principal church and temporal lauds, and the churches
annexed disponed to ministers, both they and the prelate
paying a yearly duty to the king. And 3d, That all inferior
benefices should be provided to the ministers serving the
cure."

The first of these overtures the king held reasonable and
most advantageous to the Church. But the Assembly, esteem-
ing it dangerous to make tithes heritable, deferred to give
their consent ; so as nothing was at that time concluded, and
the overtures remitted to a more deep consideration.

The synod of Fife did, after this, present some grievances,
complaining, " That the General Assemblies were not kept
at the ordinary times, and both places and diets altered,
without the knowledge of presbyteries and synods. That
ministers were called before the council in prima instantia,
for matters of doctrine and discipline. That the government
of the Church continued in tlie hands of a few ministers,
under the name of a commission, . to the prejudice of the
liberty of the Church. That doctors, being an ordinary
calling in the Church, were debarred from coming to Assem-
blies. That no trial was taken concerning the observation
of caveats. That the ministers of Edinburgh, being the prin-
cipal watch-tower of the Church, were not permitted to attend
their charge. That the land was polluted with the French
ambassador's mass, and excommunicates suffered to abide in
the country. And lastly, that the letters and practices of
papists were kept secret, and not communicated to the
watchmen."

These complaints, being known to proceed from the private
discontents of such as grieved to see the affairs of the Church
carried by others than themselves, were not much regarded ;
yet to show that they had no just cause to complain, a parti-
cular answer was made to every one of them. And first it
was said, " That the Assembhes both were and should be
kept according to the act of parliament. That ministers
should not be called before the council but upon just grounds.
That commissions given by the Assembly and rightly dis-

106 THE HlSTOaY OF THK [a. D. 1602.

charged were lawful. That doctors authorized with a com-
mission from the university, where they lived, were not
denied a voice in Assemblies ; and that if the caveats were
not observed, they might instance the point, and have the
person after trial censured." To the rest of the heads his
majesty by himself made this reply : " That the French am-
bassador's mass was private, and could not be refused to him,
considering that the minister, directed with his own ambas-
sador the year before, was permitted to preach within the
city of Paris. And for the ministers of Edinburgh, they had
received all the favour they desired. As to him that lay
back, it was his own fault, and no man's else. But where,
saith he, it is craved that the letters and practices of papists
should be communicate to ministers, as that were the ready
way to procure the escape, and no punishment of the prac-
tices, so the proponers would remember, that secrets must bo
imparted at the king's pleasure, and not otherwise."

Some other acts were concluded in the same Assembly ;
as, '•' That, in memory of his majesty's deliverance, there
should be sermons in all the burghs every Tuesday, and the
fifth of August solemnly kept, as the parliament had prescribed,
in all the churches of the kingdom. That ministers should
not refuse the sacrament of baptism to infants, nor delay the
same, upon whatsoever pretext, the same being required by
the parents, or others in their name : " for as then, except at
ordinary hours of preaching, ministers denied to baptize.
And because they had taken up a custom not to celebrate
marriage upon the Sunday, pretendiiig that the day was
profaned by feasting, dancing, and the like, it was ordained,
" They should hereafter, at the parties' desire, celebrate the
same either on Sunday or week-day." These things con-
cluded, and commissioners chosen to attend the common
affairs of the Church, the Assembly dissolved, having ap-
pointed the next meeting at Aberdeen, the last Tuesday of
July, a7ino 1604.

All this time were the enemies of our religion, the Jesuits,
especially busied to stir up a party against the king and his
title to England. They had lost all hope of gaining his
affection, or obtaining any promise of toleration when he
should come to that crown ; and had found their writings
and pamphlets, for the infanta of Spain her right, to move few

A. 1). 1602.] CHURCH OF SCOTLAND. 107

or none. Thereupon they fell to treat of a marriage betwixt
Lady Arabella and Robert prince of Savoy ; and, that not
succeeding, to speak of a match betwixt her and a grand-
child of the earl of Hartford's; judging that their pretensions
being conjoined, many would befriend them, to the excluding
of the king of Scots. But the queen, who truly favoured his
right, though she would not openly profess so much, dashed
all those projects, and caused an eye to be kept upon that lady
and such as resorted unto her.

About the same time, the king had intelhgence given him
that one Francis Mowbray, son to the laird of Barnbougle,
who had hved a while in the infant's court at Brussels, had
undertaken to kill him. This broke out first at London by
an Italian, a fencer, whose name was Daniel. Which coming
to the queen's ears, she commanded Sir Robert Cecil, her
secretary, to call the persons (for they were both in the city),
and examine them. The Italian abode by his speeches.
Mowbray denied, and offered to prove him a Har in combat,
which the other accepted. Both being sent into Scotland,
they were tried first severally, then confronted before certain
of the council. The Italian produced witnesses who verified
all that he had deponed. Whereupon Mowbray was com-
mitted to the castle of Edinburgh, where, seeking to escape
by night, at a window of the chamber where he was detained,
the sheets proving too short by which he thought to descend,
he fell from a great precipice, and was found the next morn-
ing dead at the foot of the rock. The corpse was, the same
day, being the last of January, presented to the justice, and
sentence of forfeiture pronounced against him ; his body
hanged for a space upon the gibbet, and afterwards quartered
and affixed on the gates and most open places of the town.
His friends (for he was well-born, and a proper young gentle-
man) gave out that he had been strangled, and his corpse
thrown down at the window. But this carried no appear-
ance, and was believed of few.^

The queen of England, in the winter, being perceived to
Avax heavy and dull, and the rumour thereof dispersed (as
there is nothing that can be worse concealed than the sick-
ness or death of a prince), there was much business every
where, and she held by the most part no better than dead.
* [See note to this Book. — £.]

108 THE HISTORY OF THE [a. U. 1602.

The French king had sent, the summer preceding, two am-
bassadors, one to reside in England and another in Scotland,
under colour of impcacliing the courses of Spain, but in effect
to observe the strength and affection of both people. He
that was sent into England brought a letter, from the French
king to Secretary Cecil, of infinite kindness ; and breaking
with him one day upon the miseries of the kingdom when it
should please God to translate the queen, fell to speak of the
loss he should sustain by the exchange, and the case wherein
he would be if the Scottish king did succeed ; which to his
apprehension should' be more hard and miserable than any
others, being likely to undergo the revenge of faults laid
upon his father about matters concerning the king's mother,
and other courses that he was esteemed to have run himself
since the death of his father. The secretary, that was no
child, knowing that the ambassador did but sound him, for
making some other project, answered, " That this was the
reward of unspotted duty, when ministers did only regard
the service of their sovereigns, without respect of their own
particular ; and that for himself he should never grieve to
endure trouble for so just a cause, the same being to a man
that valued his credit more than his security, a kind of mar-
tyrdom ; notwithstanding, he supposed that things past would
not be called to mind ; or if so were, and that he saw his case
desperate, he should flee to another city, and take the benefit
of the king's royal offer,"

The ambassador being so answered, made a fan* retreat,
saying, " That in case the king of Scots did carry himself
towards the king of France with the respect which was due,
he was not purposed to impeach his interest." The secre-
tary replying, " That it was a wise resolution his master had
taken," the ambassador ceased to tempt him any farther
in that business. Hereof the king was advertised by letters
from the secretary, who therein did assure him of his true
and honest service when occasion required ; how belt he would
not, as some others had done, needlessly hazard his fortune
and reputation before the time.

It shall not be amiss to hear what was the king's answer
to the secretary. " As I do heartily thanlv you," said he,
" for your plain and honest offer ; so may you assure your-
self, that it would do me no pleasure that you should hazard

A. D, 1603.] CHURCH OF SCOTLAND. 109

either your fortune or reputation, since the loss of either of
these would make you the less available to me. No, I love
not to feed upon such fantastical humours, although I cannot
let^ busy-bodies to live upon their own imaginations. But for
my part, I hold it the office of a king, as sitting on the throne
of God, to imitate the primum mobile, and by his steady and
ever constant course to govern all the other changeable and
uncertain motions of the inferior planets. And 1 protest in
God's presence, that for your constant and honest behaviour
in your sovereign's service, I loved your virtues long before
I could be certain that you would deserve at my ha,nd the
love of your person ; wherefore go on, and serve her truly
that reigneth, as you have done, for he that is false to the
present will never be true to the future."

In another letter directed to the earl of Northumberland
(that we may know the wisdom and piety of the king), who
had sent him advertisement of the queen's weakness, and
advised him to make sure his title by apprehending posses-
sion in time, he said, " That man can neither be religious nor
just that dealeth worse with his neighbour than he would be
dealt withal ; and in a man of quality it can be no wisdom
to leap hedge and ditch, and adventure the breaking of his
neck for gathering forbidden fruit before it be ripe ; whenas
by attending the due time, he may be sure to find all the
gates of the orchard open, and with free scope enter, take
and taste at liberty. Sure it were a great weakness and
unworthiness in me to come in as an usurper, with offence
and scandal to the laws and present estate of government,
when I may, in the right time, claim the crown as nearest
heir to the prince deceased, and possess with equity. Should
I, out of untimely ambition, fall to break the long continued
and faithfully preserved amity, that by the proof of many
kind offices hath taken root among us, it were an error inex-
cusable. And howbeit I do acknowledge your kind affection
in the offers you make of assistance, I must tell you freely,
that no prince can presume of any subject's loyalty to himself
that hath been unsound and unfaithful to his own sovereign ;
nor would I ever look to be secure in a kingdom so traitor-
ously disposed." In end, he advised the earl to forbear such
writing, and when he wrote (which he wished him to do

' Hinder.

1 10 THE HISTORY OF THE CHURCH OF SCOTLAND, [a. I). 1603.

rarely, and not but upon great occasions), to beware of any
thing that might justly offend the queen, lest, by interception
or other misadventure, he might be disabled to serve him an-
other day.

This Avas the king's resolution, which God so blessed as it
brought him within a short time after, against the opinions
and desires of many, to the quiet and peaceable possession
of his right and inheritance ; for, in the spring, the queen's
disease increasing (which was judged to be a melancholy in-
corrigible, and by some conceived to proceed from a sorrow
for Essex, others ascribed it to the accepting of the rebel
Tyrone to peace), and all apprehending it to be deadly, the
hearts of people did so incline to the king, as a great man in
that state did write unto him, " That all England was grown
to be Scottish." The queen herself continuing constant in
her aifection, when she was asked, a little before her death, by
the lord keeper and secretary (who were directed by the
council to understand her will touching her successor), an-
swered, " None but my cousin, the king of Scots." After
which words she spake not much : only being desired by the
archbishop of Canterbury (v/hom she would not suffer to go
from her all that time), to iix her thoughts upon God, she
said, " So I do, neither doth my mind wander from him ; "
and then commending her soul to God in devout manner,
died most patiently and willingly. A queen incomparable for
wisdom and fehcity of government. She departed this life
the twenty-fourth of March, in the seventieth year of her
age, and forty-fourth of her reign. The same day, in the
forenoon, the king of Scots was proclaimed king, first at the
palace of Whitehall, next at the cross in C-heapside, within
the city of London, with an infinite applause of all sorts of
people.

NOTES TO BOOK VI.

NOTE I. Vol. II. p. 361 ; Vol. III. pp. 5, 107.

QUEEN MARY AND HER MAIDENS.— SCOTT OF BUCCLEUCH
AND FRANCIS MOWBRAY.

[Our author's account of the death of Mary queen of Scots is a model of his-
torical narrative. Nevertheless, some circumstances are omitted in the text
which seem to complete the dramatic horrors of this matchless tragedy, and
may be here supplied. This will be the more readily excused, as even Mr
Tytler, in his very accurate and overflowing history, has not recorded all that
we are about to add from contemporary sources.

On the morning of the execution, after the will of the queen had been read to
her domestics, which she herself had drawn up, and signed in their presence,
and while on her knees at an altar, two of her maidens, Barbara Mowbray, and
a young French lady of the name of Beauregard, came weeping to her physician
Burgoin. Their names, they said, had been omitted in the will, and they im-
plored Burgoin to mention the matter to her majesty. No sooner was the queen
informed of this distress, than she rose from her kneeling posture, and wrote an
affectionate remembrance of these two damsels on the margin of her testament.
This touching trait is not recorded by our author, and had escaped the modern
historians, from Hume to Tytler.

It is perhaps more extraordinary that the precise mode of the decapitation
has been imperfectly and erroneously recorded by Spottiswoode, Hume, Robert-
son, Scott, and even by Tytler ; though this last enters more into the details,
and is more accurate, than his predecessors. Our author says, " Then stretching
forth her body with great quietness, and laying her neck over the block, she
cried aloud, In manus tuas, Domine, commendo spiritum meum. One of the exe-
cutioners holding down her hands, the other at two blows cut off her head, which,
falling out of her attire, seemed to be somewhat grey " (vol. ii. p. 361.). This
account has been adopted by Hume, Robertson, and Scott. Tytler is nearer the
truth when he says, that the unhappy queen awaited the blow in a sitting pos-
ture, expecting to be beheaded according to the mode of capital punishments in
France. It is strange, however, that this accurate and indefatigable historian,
while quoting the chronicle where the true details are to be found, (Mort de la
Royne d'Escosse), should have added, " On being made aware of her mistake she
instantly knelt down, and, groping with her hands for the block, laid her neck
upon it, without the slightest mark of trembling or hesitation," and that two
strokes of the axe sufficed.

But there was not vouchsafed to the last moments of poor Queen Mary's suf-
ferings the same quiet dignity that invested the death-scene of her grandson,
Charles I. Without the slightest disposition on her part to resist, or shrink
from the blow, and with no probable intention on the part of her executioners
(though the Catholics suspected it) to aggravate the death, nevei'theless was the

112 NOTES TO BOOK VI.

dying prayer of the Catholic queen disturbed by an unseemly struggle with her
executioners. One of them wounded her on the head with his axe, ere by two
subsequent blows he severed it from her body. The queen was placed upon a
low seat on the scaffold, expecting death, from a sword, in that sitting posture ;
and, keeping her person rigid, with outstretched neck and clasped hands, she
was reciting from the Psalms, when the two executioners (probably mistaking
her attitude for resistance) on either side, seized her by the shoulder, and en-
deavoured to bring her head to the block. At first they only succeeded in throw-
ing her upon her knees. In that posture, and still awaiting the sword, with her
neck outstretched for the blow, she continued to repeat the Psalms. The execu-
tioners also continued to exert force to place her body in a horizontal position,
and at length succeeded in bringing her neck down to the billet of wood that
had been provided for the purpose. Then she placed her hand under her chin,
as if to enable her to give utterance to prayer ; but the executioner seized it and
drew it away, lest it should be cut ofiF. A blow immediately followed from the
axe, which the indignant narrator describes as a rude cleaver, altogether unsuited
for the purpose. This first blow fell upon the back of her head, but without
penetrating deeply. A second blow cut the neck half through ; and the third
severed the head from the body. These horrible details were omitted, naturally
enough, in the official despatch which described the execution. But whoever
reads the contemporary narrative will find no room to doubt that it is the faith-
ful description of an eyewitness. The writer says of himself, " Preuez en bonne
part, je vous supplie, la grande afiection et juste regret d'un serviieur fidele, et
de bonne volontd, qui ne pent endnrcr que I'honneur de sa maistresse soit foule
on oficnce." Nor is it at all unlikely that the interesting and melancholy record
was penned by her physician Burgoin, who was permitted to be on the scafi"old.
See " La Mort de la Royne d'Escosse," 1589 ; reprinted in Jebb's Collections,
vol. ii. p. 609.

One affecting incident is thus shortly told by the same chronicler. When the
blood was about to be removed from the scaffold, that no avenging spirit might
steep a relic therein, " Put trouve'e une petitte chieune dedans sa roble, qu'il
I'avoit suivie en bas, laquelle une grande princesse de France a voulut avoir
pour I'amour de la defunte." No more is there recorded of that little dog. But
another contemporary account has it thus : " There was one remarkable thing
which happened at her execution, and which ought not to be omitted, and that
is, the strange and surprising instinct of a little dog that she had, whom they
could never separate from her, without doing violence to her majesty ; shelter-
ing himself always beneath hor royal robes ; and when the blood began to flow
about him, he lap'd some of it, and would never afterwards be induced to taste
meat or drink, but died for grief." The anecdote is so narrated in a note to
Freebairn's Life of Queen Mary, 17"25, quoting " A Kelation writ by an Eyewit-
ness, by Secretary Cecil's Command," of the execution of Queen Mary, from a
copy in the Advocates Library.

Tytler says, " Her last words were, ' Into thy hands I commend my spirit, for
thou hast redeemed mo, O Lord God oi truth.' " But it was not so. While the
executioners were yet struggling with hor, she had just uttered the three first
words Jn manus tuns with a loud voice, when the first erring blow descended
on the back of her head, and of course deprived her of speech.

It is not generally known that Barbara .Mowbray, whose affectionate distress,
at having been forgotten in the will of her royal mistress, is mentioned above,
was the daughter of Sir John Mowbray of Barnbougle, a Scottish baron of
ancient descent, whose residence in the neighbourhood of Edinburgh, now the
property of the carl of Kosebery, has recently been called Dalmeny Park. The
superseding of the ancient name, which signifies the point of land of the victory
of strangers, is to be regretted. See a characteristic incident of the times, rela-
ting to the place of Barnbougle, and Ilobert Mowbray, the eldest brother of

NOTES TO BOOK VI. 113

Barbara, narrated in the notes to book v. p. 217. Barbara Mowbray had an-
other brother of the name of Francis, who also became deeply involved in the
troubles of the times. Francis Mowbray was the intimate companion of Sir
AValter Scott of Branxholm and Buccleuch, warden of the Liddesdale marches.
It was upon the 13th of April 1596, that Buccleuch performed his unparalleled
feat of storming the castle of Carlisle, and rescuing " Kinmont Willie."

" ' Now sound out trumpets, quo' Buccleuch,
Let's waken Lord Scroope right merrilie ;'
Then loud the warden's trumpet blew,
' O wha dare meddle wi' me ! '"

On the following day, Francis Mowbray, who had some hand in the above
enterprise, meddled with one William Schaw, to the effect of running a rapier
through his body, for which slaughter he was outlawed. Robert Birrel records
in his diary the exploit of Buccleuch (so admirably narrated by our author at
the commencement of this volume), and says, it was performed " with shouting
and crying, and sound of trumpet, puttand the said tonne and countrie in sic ane
fray, that the lyk of sic ane wassaledge wes nevir done since the memorie of man,
no in Wallace dayis." Thereafter the same quaint chronicler notes, " The I4th
Aprylo Mr William Schaw wes stricken throu the bodie with ane rapier, bo
Francis Mowbray, sone to the laird of Barnbougle." All Scotland, including
the monarch, were proud of the storming of Carlisle, which so deeply wounded
the pride of Elizabeth ; but, in order to afford her some slight satisfaction, Buc-
cleuch was confined in the castle of St Andrews, " under pretext of intercomon-
iug with Francis Mowbray, fugitive for the hurting of William Scliaw, and
making him his secund in a combat undertaken betwixt him and young Ces-
fuirde," (Moysie's Memoirs). Our author (Spottiswoode) has not noticed this
special reason assigned for Buccleuch's durance in Scotland. From a letter to
Anthony Bacon, dated Edinburgh ^Sd November 159G, it appears that the feud
betwixt the Scotts and the Kerrs, which so greatly disturbed the peace of Edin-
burgh, had been stayed, and that the parties, including Francis Mowbray, joined
^■hemselves in a close league and contract with the popish lords and their con-
federates. The parties to the league (says the writer of the letter) were, " Tlie
Lords Hume and Sanqnire, the lairds Cesford, Baclugh, Clasburn, and Kirk-
mighil, with all the rest of their assistants in those parts, who not only subscribed,
but swore to follow all one course in whatever should be undertaken by any one
of them. This contract, by a general consent, was given to Francis Mowbray to
be kept, by whose means I had the sight of it ; for he wonld gladly have dealt
with my lord embassador concerning a plot that he had devised for alteration of
the state of these Octavians ; the which, as I nnderstood, should have been
effected by those persons aforesaid : for, said he, these are wise men, and will
seek their advantage, either by the queen's majesty of England, or else by the
king of Spain. And if this offer of their service take not effect, or be not em-
braced of the English, they will take their vantage of the Spaniard. But because
of a promise that my lord made to the king, that he zeold in no sort meddle tvith
Francis, he refused to deal any further with them, save only that he had the
sight of the contract ; which I brought, because I was the traveller between
them, requested thereto by Francis, with whom I have been in great friendship
this great while, and am yet. Now, I understand, that he is a special doer for
the earl of Huntly ; and my Lor;i Sanquire, who is the chief man in the foresaid
league, hath had sundry meetings with the papists, and now is become a great
courtier. So that this makes gi-eat appearance to affii-m that which I say ; yea,
more than this, my Lord Sanquire is to be excommunicated, because he can in
no wise be brought to subscribe to the religion." (See Birch's Collections from
the Lambeth MSS. vol. ii. p. 205.)

This high spirited bat turbulent youth came to an ualimcly and tragical end.

VOL, III. 8

114 NOTES TO BOOK VI.

It is the same Francis Mowbray whose sad fate our author, in this Book (p.
107), narrates shortly, but in his usual graphic manner. In justice, however, to
the sufferer, the story requires some farther elucidation. There was no evidence
of sufficient credit against Francis Mowbray ; who, in the course of the proceed-
ings, addressed this remarkable speech to his sovereign : " If ever I thought evil,
or intended evil against my prince, God, that marketh the secrets of all hearts,
make me lo fall at my enemies feel — make me a spectacle to all Edinburgh, and
cast my soul in hell for ever." The king instantly required these words to be
recorded, and subscribed by Francis Mowbray. This he did without hesitation,
and, moreover, demanded the trial by combat, with his accuser, Daniel ; a bold
measure, as the latter was an Italian fencing master. The combat was allowed,
and the 5th of January named as the day of mortal trial, to take place in lists,
prepared for the occasion, in the great close of Holyroodhouso. The king him-
self, however, postponed the ceremony, under pretext of " confronting Francis
with other two Scottish men sent out of England ; Lot of light accompt, because
they had spent their moyen,and wes forced to leave the country," (Calderwood).
Meanwhile, Francis Mowbray was confined in the castle of Edinburgh, and the
Italian in another chamber immediately above him. On the day after he had
been confronted with the witnesses " of light accompt," whose evidence, how-
ever, only tended to absolve him, and longing as he had been for the mortal trial
that was to test his honour, this unhappy youth, was found dead and mangled
at the foot of the castle rock, as our author narrates. It was said, that endeav-
ouring to escape by means of his sheets and blankets, they proved to be too short,
and he was killed by the fall. But, adds our author, " his friends (for ho was
well born, and a proper young gentleman) gave out that he had been strangled,
and his corpse thrown down at the window. But this carried no appearance,
and was believed of few." {Supra, p. 107.)

It carried some appearance, nevertheless. In the first place, from the manner
in which the Italian had been lodged in the castle, above the cell of him he
accused, it might be said that i^Iowbray had /a//e?i at his enemy\ feet ; and these
words stood recorded against him, and signed by himself, according to the king's
command. In the next place ; it was upon Sunday the 30th of January that
Mowbray was killed, and, upon Monday following, James and his counsellors
subscribe a letter to the justice-clerk, (in which great stress is laid upon the
evidence of guilt derived from the attempt to escape,) desiring liim to condemn
the dead man to be hanged and quartered, and his quarters to be exposed upon
the most public places of Edinburgh. Accordingly, on that same day, the
mangled body was placed at the bar of the High Court of Justiciary, having
boon dragged backwards through the streets. There it was pronounced against
the corpse, for doom, " to bo hangit be the craig upouu ane gibbet besyde the
mercat croce of Edinburgh, and his body quarterit, and his heid, ano leg, and
ane airm, to be put above the Nctlierbow, ano elne above tho rest, and ane athcr
leg to be hung on tho Wcstport of Edinb\irgh, and ane athcr airm to be hangiu
uponn the Potterraw-poirt ; and all his lands, <kc.,to be foirfalt and inbrocht to
our sovcranc lordis use." (Records of the High Court of Justiciary.)

Francis Mowbray, as our author tells us, was " a proper young gentleman."
In these few significant words wo have, doubtless, the epitome of a romance in
real life. He was a fiery youth, attached to the Catholic cause, and an active
plotter. But there was no sufficient evidence that he harboured the base design
of assassinating his sovereign ; and the very peculiar manner in which his solemn
denial of that accusation came to bo applied as an evidence of his guilt, could
only deceive a superstitious age. Thus, under a process most revolting, in all its
features, to justice and humanity, perished a sou of one of tho finest old baronial
houses in Scotland, and one to whom the noblest gallant of his ago, Sir Walter
Scott of Buccleuch, v/as attached, as a comi>auion and a friend. (See Mr Pit-
cairn's Collection of Criminal Trials.)

NOTES TO BOOK VI. 115

The old baron of Barubouglc, Sir John Mowbray, besides liis sons Robert and
Francis, had five daughters, Agnes, Elizabeth, Marion, Barbara, and Gilles.
Their fates were very various. Two of them became the s/ep-wolhers, respec-
tively, of the two most remarkable men of their age, "the admirable Crichton,"
and "the marvellous Merchiston." For Agues Mowbray became the second
wife of the father of Crichton, by marriage-contract dated at Barnbongle Cth
August 157"2, " betwixt honorabill persones, Johno Mowbray of Barnbongle, and
Agnes Mowbray, his doctor, and Maistor Robert Creychton of Eliok,"&c. ; and
Elizabeth Mowbray, about the same period, became the second wife of Sir
Archibald Napier. Charters were granted to Sir Archibald Napier of Merchis-
ton and Edinbellic, EHzabeth Mowbray, his wife, and Alexander Napier, son
and heir of that marriage, of the lands and meadow called the king's meadow
8th February 1588 ; and of half the lands of Lauraustoun, &c., IGth November
15,03, all in the parish of Cramond. Sir Archibald built thereon the castle of
Lauriston, which was inherited by his son Alexander, above named, who became
a Lord of Session, by the title of Lord Lauriston. That castle still exists, though
it has passed through a variety of hands, and undergone important changes.
There is still to be seen, among the decorations of two of the windows, the
initials S. A. N. (Sir Archibald Napier), and D. E. M. (Dame Elizabeth Mow-
bray), which no doubt have often puzzled the modern possessors. The original
tower, a fine characteristic structure, was added to, and all the carved stones
carefully preserved, in a manner that docs equal credit to the taste and feeling of
its then proprietor, the late Thomas Allan, Esq. It has recently been yet more
sumptuously decorated, under the no less tasteful ausjnces of its present pro-
prietor, her majesty's advocate for Scotland.

The fate of Barbara and Gilles Mowbray was not so fortunate as that of their
elder sisters. In " La Mort de la Royne d'Escosse," which records the severity
of the English government towards the domestics of Queen Mary, this sentence
occurs : " Le Baron de Barneslrudgal, gentilhomme Escossois, qui avoit deux de
sesjilles en prison, vint a Londres, on, ayant commandement du Roy d'Escosse
de parler pour les serviteurs de sa mere, poursuyuit leur deliverance." There
can be no doubt that Barneslrudgal is a corruption of Barnebougall, and that
the venerable Scottish baron had journeyed to London chiefly on account of his
two daughters, Barbara and Gilles. The household of the queen of Scots were
treated with great cruelty, immediately after her execution. Her forlorn
domestics humbly prayed to be allowed to depart to their respective abodes.
They were detained, however, as prisoners, and kept in constant dread of death
or torture, with food barely sufficient to sustain them. None of them were
suffered to take exercise, or to move without a gua^d. Barbara and Gilles
Mowbray, whose affection for the queen is indicated by the anecdote already
noted of the former, the daughters of an ancient house, young, and irreproach-
able in their conduct, were cast into prison. This inhuman step appears to have
brought matters to a crisis. James VI. commissioned Sir John Mowbray him-
self, as an intercessor with the murderess of his mother, in behalf of her oppressed
maidens and"familiars. The result was their release ; and, immediately after-
wards, a very different scene arose out of some revulsion of feeling on the part
of the tigress of England. About the period of the baron of Barnbongle's mission,
information had been sent to Elizabeth, by those who were weary of watching
the body of her victim, and of tyrannizing over those persecuted domestics, that
the embalming had failed, and part of the leaden coffin given way. Some sinister
policy of her own, added to the opportune arrival and strong remonstrance of Sir
John Mowbray, at length determined Elizabeth to order the remains of thn
queen of Scots to be interred at St Peterborough, with the pomp suitable to
royalty. The same curious contemporary account from which these details are
gathered, informs us, that, in this high and solemn pageant, " Les femmes de la
Royne d'Escosse " walked in the following order : " I\fpdamoyscUes Barhc

116 NOTES TO BOOK VI.

Mauhray; Cristino Sog ; Oilles Maubray ; Elspoth Curio; Reneo de Rcaly ;
Mario Pagcts ; Janne Kennedy ; Susanno Korkady." It is remarkable, after
all that has been said and sung of the " Queen's Maries," to find only one, out of
the eight who were present at her funeral, who bore the name of Mary. When
the royal procession reached the chapel, and the service had commenced in
English, the physician Borgoin, and all the others of the household, rushed out
of the chapel, with the exception of Sir Andrew Melville and Barbara Mowbray.

Amid such scenes, and from this soil of blood, and tears, and desolation, it
eeems that Ioto was springing. Very shortly afterwards, Jane Kennedy was
married to Sir Andrew Melville, and Barbara Mowbray to William Curio. This
last had acted as secretary to Mary for more than twenty years, — that is, since
before the commencement of her captivity in England. His extorted evidence
had been made conducive to her murder, which greatly afiUcted him. Repeatedly
his sister, Elspeth or Elizabeth Curie, used to fall on her knees before the queen,
and in an agony of tears implore forgiveness for her brother. Mary always
exonerated William Curie, whom she loved ; and accused Nau, the French
secretary, of misleading him, and being instrumental in her death. One of her
latest requests to the earl of Kent, rendered more earnest, perhaps, by her
knowledge of the affection that subsisted between her Secretary and Barbara
Mowbray, was, that William Curie should be suffered to depart in peace. The
earl pledged himself for his safety, and, accordingly, not long after the solemn
pageantry at St Peterborough, William Curie with his spouse Barbara Mowbray,
and his sister Elspeth Curie, sought security and consolation in a Catholic
country.

I know not what became of Gilles Mowbray, who probably returned to Scot-
land with her father. As for Barbara, her remaining history is no less curious
than interesting. Some time in the last century, a Flemish gentleman of talent
and consideration in the Low Countries, possessed an ancient Flemish manuscript,
which narrated that William Curie, accompanied by two ladies of the same
name (his wife and sister no doubt) came over to Antwerp after the execution of
the queen of Scots, carrying with them a portrait of that unhappy princess, and
her head, which they had contrived to abstract ; that, in the little church of St
Andrew there, these pilgrims buried their fearful relic at the foot of one of the
pillars, where they resolved that their own tombs were eventually to be ; that
to this pillar they attached the portrait of their idol, and placed near it a marble
slab recording her fate. Thus far the Flemish manuscript. This wild legend is,
in some respects, singularly confirmed. To this day (or within a recent period)
a portrait of Queen Mary decorates a pillar of the church of St Andrew in
Antwerp. Whoever visits that little church now may read the inscription
that records the martyrdom of Queen Mary. Moreover, they may peruse,
graven upon the slabs that cover their dust, the sad story of two females buried
there, Barbara Moiclruy and Elizabeth Cvrle. Barbara's tomb at Antwerp
records her fidelity to Queen Mary, and also the fact, that slic was the daughter
of Sir John Morrbray, a Scottish baron. It also states, that she was married to
William Curie, who for twenty years had been secretary to Queen Mary ; and
that as man and wife thoy lived together for four and twenty years "sine
querela" and reared a family of eight children. But this happy union had not
been without its distresses. For the Latin inscription proceeds to tell, that of
their eight children, six were called to heaven before their parents, and two
sons only were spared, upon whom they bestowed a liberal education ; that James,
becoming a member of the society of Jesus, settled in Madrid ; and that Hypolitus,
the younger, was attached to the same society in Belgio Gaul, being rcfolvod to
<>nrol himself under the banners of Christ, and with sad tears had closed tlio
tomb of his widowed mother, the best of parents. She died, it is further .stated,
a widow, upon the Slst of July 1617, aged fifty-seven. As her mistress was
beheaded in the month of February 1.587, Barbara Mowbray must then have

NOTES TO BOOK VI. 117

been about tweuty-seveu years of ago. The same stouc narrates, that under it
also reposes tlie body of Elizabeth Curio (she who had been on the scaflfbld with
Queen Mary), " semper ccelebs" who died upon the 29111 of May 1620, aged sixty.
It thus appears that she and Barbara Mowbray were of the same age. The
inscription bears to have been placed by Hypolitus Curie, the brother of Eliza-
beth. It refers to the monument of their beloved mistress placed above them
on the pillar, but aifords no confirmation of the story of the abstracted head.
There are few obituaries so touching as this tomb in the Church of St Andrew
at Antwerp.

The fate of Jane Kennedy (who bound the embroidered kerchief upon the eyes
of Mary on the scaffold), if less romantic, was more melancholy. After her union
to Melville, they were both in the highest favour with James VI. ; and when
that monarch was arranging the preliminaries of his marriage, in 1589, Sir
Andrew was the master of his household ; and the lady whom he selected to
attend his queen was Sir Andrew's spouse. But she who had shrouded the
eyes of Mary at the block, was not destined to wait on the mother of Charles I,
When Jane Kennedy received this high and well earned mark of her sovereign's
confidence, she was residing in Fife. Though the storms were so great as to bo
considered the effect of a combination of witches against the royal alliance, no-
thing could deter her from instantly crossing the water. The result we shall
give in the words of her brother-in-ia,w. Sir James Melville :

" The stormes wer also sa gret heir, that ane boit perissit between Brunteland
and Leith, wherein was a gentilvvoman callit Jane Kenete, wha had been lang
in England with the queen his majestee's mother ; and was, sensyu, maried upon
my brother, the maister houshald to his majestie. Sir Andro Melville of Garvok.
Quhilk gentilwoman, being discret and grave, was sent for be his majestic to be
about the queen his bed-fallow. Sche, being willing to mak deligence, wald not
stay, for the storm, to saill the ferry ; when the vehement storm drave a schip
forceably upon the said boit, and drownit the gentilwoman, and all the persons
except twa. This the Sootis witches confessit, unto his majestie, to have done." J

NOTE II. Vol. II. p. 441.

THE SPANISH BLANKS— PROCEEDINGS OF THE KIRK— NAPIER
OF MERCHISTON AND KING JAMES— PROGRESS OF SCIENCE.

[Our author narrates the history of that popish plot, which is known by the
name of the conspiracy of the " Spanish Blanks," in his usual minute and inter-
esting style. But he has not recorded all the circumstances attending the fate
of the unfortunate sufferers. " Mr George Kerr," says the archbishop (p. 425,
vol. ii.), " at his examination, did ingenuously confess all that he knew of the
business." Dr Robertson, in his History of Scotland, comes a point nearer the
truth. Me says, " But Ker's resolution shrinking when torture was threatened,
he confessed that he was employed by these noblemen to carry on a negotiation
with the king of Spain." Dr M'Crie, in his life of Andrew Melville, has it,
that, " Graham of Fintry, and Ker, being both examined before the Privy
Council, testified" &c. Even Mr Tytler has not recorded the circumstances,
although he mentions, in a cursory manner, that Ker's confession had been
extorted by torture under the superintendence of the king himself. But David
Moysie, in his contemporary memoirs, says, " It wes thocht meit, because of
Mr George Keris denyeH, that he suld be butted; and the Justice-clerk (Bellen-
den), and Mr William Hairte, being bosted be his freindis, durst not doe the
earn untill the tyme his majesty, taking the maiter hiechly, n.iold have the same

118 NOTliS TO KOOK VI.

donne ; and, efter the secand streak, he crtjed for mercie, and confest all," (p.
100.) This record affords an important comment:iry upon that sentence of our
author, Spottiswoode, where he says, (p. 426), " This so manifest a discovery of
popish plots, tending not only to the overthrow of roli^ion but also of the realm ,
which by this treasonable practice should have been reduced to a miserable
slavery, did animate the king much against the Jesuits." The confessions, with
the intercepted blanks and letters, were all published at the express command
of the king, and with an admonitory preface, like a sermon on the occasion,
drawn up by a minister. The treatise issued from the press of the king's printer,
Robert Waldcgrave, 1593. Mr Pitcairn has reprinted the confessions in his
Criminal Trials, and considers the tract almost unique. There is one copy in
that gentleman's possession, and another in the Advocates Library. The king's
own violent and cruel conduct, in the invest i;^ation of the affair of the Spanish
blanks, of course encouraged the excitement cf the Kirk against the popish lords ;
nor is it to be wondered at, that the commissioners should have reminded him
of his own demeanour and expressions, upon the fearful occasion which our
author so simply records as "the hearing of Mr George Kerr his confession,"
(p. 441).

It is somewhat singular, that no historian of the period, from Spottiswoode to
Tytlcr, should have noticed, that the leading commissiouer from the Kirk, at
this eventful crisis, was the most remarkable man of his day, John Napier of
Merchistou, who at the very time was brooding over the wonderful conception
which so completely revolutionized science iu the seventeenth century. It is
difficult to say whether he himself regarded that laborious and immortal work,
or his no less laborious but mortal antipathy to the Popedom, as the principal
mission of his genius upon earth. Certainly his mind was about equally divided
between the mysteries of Numbers and tlie mysteries of the Apocalypse ;
and while calculating the Canon Mirijicus Loyarithmcrum, he was at the
same time miscalculating the day of judgment. Tlio affair of the Spanish
blanks had greatly excited him ; so much so, that upon this occasion only,
during all his life, he emerged from the deep shadow of his mystciiuus studies,
to become a public agitator. The whole circumstances connected with his
intervention, for tlie Kirk, with the king at this crisis, are so curiously illus-
trative of the times as to occasion regret that the narrative had not found its
proper place in the pages of Spottiswoode,

It was known that the eldest son of the master of the mint was highly and
rarely gifted. Mr Pvobcrt Pont, particulai-ly mentioned by our author as a leader
of the Kirk, was the parish minister of the barony of Merchiston, and the
intimate friend of the " fear of Merchiston," or young laird ; who, by the way,
was only fifteen years younger than his venerable father. His very learned
minister Pout, at once an accomplished mathematician and a profound theolo-
gian, iu one of his abstruse works refers to Napier as " honoratum et apprimfe
eruditum amicum nostrum fidelem Christi servum, Joauuem Naperum, cujus
extant in Apocalypsin u5ro|t<v>i^aTa,"(DoSabbaticorum AnuorumPeriodis, 1619.)
Sir John Skene of Curriehill, clerk-register, to whom we owe the first collection
of the Scottish Acts of parliament, the. /iVi/i^m I\fajestatem,the Quoniam Atlachia-
menta, and the De Verboriim Signljicationc, being puzzled with an article in the
last mentioned treatise, tells us that, in order to extricate himself, '* I thought
gud to propone certaine questions to John Naper, fear of IMorchistoun, ane
gentleman of singular judgment and learning, especially in the mathomatiquo
sciences." As that work was only published iu 1597 (seventeen years before the
publication of the Logarithmic Canon), Skene's estimate of Napier was contem-
poraneous with his taking up the cause of the Kirk against the plots of Spain.
There is evidence, however, not a little curious and interesting, that even before
this time the King of Numbers folt perfectly assured in his own mind of his
great discovery, as will appear in the scqncl.

NOTES TO BOOK VI. 119

Speaking of the destruction of the Spanish Armada ia 1588, our author^
Spottiswoode, says, " This was the marvellous year, talked of so long before by
the astrologues, which this defeat, and the accidents that fell forth in France
about the end of the same year, did in a part make good," (vol. ii. p. 389.) The
other remarkable events of the period were, the death of Catherine de Medicis,
(" bludie Jezabell to the sancts of God," as James Melville, the minister, calls her
in his diary), the murders of the Duke and Cardinal of Guise, at the instigation
of Henry III., and the assassination of that monarch himself. These events are
thus succinctly recorded by Melville. " The Due and Cardiuale wer sleau in Decem-
ber 1588 ; the quein, for hartscarness, foUowit in Januar ; and the king was stickit
the August following," (Diary, p. 177). If even in the nineteenth century, when
superstition is understood to be banished from civilized life, the scripture mys-
teries are continually supposed to be revealed by political events, we must not
wonder that in the year 1588 such events were regarded as the fulfilment of
ancient prophecy. The mind of Napier was particularly agitated at that alarm-
ing crisis. He had been long brooding over the depths of the Apocalypse. Be-
fore he had completed his fourteenth year, and when at the college of St
Andrews, he had held disputations on the subject, of which ho gives this very
graphic account : " In my tender years and bairuago in Sauct Androis, at tho
schooles, having ou the one part contracted a loving famiUarity with a certain,
gentleman, a papist, and, on the other part, being attentive to the sermons of
that worthy man of God, Maister Christopher Goodman, teaching upon the
Apocalyps, I was so moved in admiration against the blindness of papists, that
could not most evidently see their seven-hilled city, Rome, painted out there so
lively by Saint John, as the mother of all spiritual whoredom, that not only
burstil I out in continual reasoning, against my said familiar, but also from
thenceforth I determined with myself, by the assistance of God's Spirit, to em-
ploy my study and diligence to search out the remanent mysteries of that holy
book : as, to this hour, praised be the Lord, I have been doing at all such times
as conveniently I might have occasion." Galileo, when a few years older, was
also roused to powerful mental exertion, in the house of God. But it was his
eye, not his ear that was.attracted, — a characteristic diiference between the prac-
tical and the speculative philosopher which continued throughout their respec-
tive careers. In the cathedral of Pisa, to which city the young Italian had
been sent for the benefit of an university education, he fixed his gaze upon the
vibrations of a lamp. Amid the pageantry of that worship against which
Napier warreJ, and of which Galileo was the victim, he watched with the eye of
an eaglet the isochronal movements of the chain, and measured them by tho
beatings of his pulse. The result was the pendulum.

But to return to Napier and the "marvellous year ;" he also tells us himself,
that after many doubts and despairings, at length a light from above seemed
suddenly to burst upon his hitherto obscure and painful lucubrations. " Then,"
says he, " greatly rejoicing in the Lord, I began to write thereof in Latin, yet I
purposed not to have set out the same suddenly, and far less to have written tlio
same also in English ; till that of late, this new insolency of papists, arising
about the 1588 year of God, and daily increasing within this island, doth, so iiitij
our Itcarls, seeing them put more trust in Jesuits and seminary priests than in
the true Scriptures of God, and in the Pope and king of Spain than in the King
of kings, that, to prevent the tame, I was constrained of compassion, leaving the
Latin, to haste out in English this present work, almost unripe, that thereby the
simple of this island may be instructed, the godly confirmed, and the proud and
foolish expectations of the wicked beaten down ; purposing hereafter, God will-
ing, to publish shortly tho other Latin edition hereof, to the publick utility of
the whole Church."

This was written with a direct reference to the exciting circumstances under
which Napier was commissioned from the Kirk to the king, in the year 1593,

120 NOTES TO BOOK VI.

For a time his miud was completely engrossed with these stormy politics, which
were coincident with his labours to demonstrate, by means of a scientific ana-
lysis of the Scriptures, that the end of all things was not far distant. Yet it can
be proved that even in the "marvellous year," 1588, he alone of all the world,
and in the days of Tycho, GaUlco, and Kepler, was laboriously working out the
discovery of the Logarithms, although he did not present that powerful lever to
science until the year 1614. The risk was, that his literary crusade against the
Popedom, and his devotion to the affairs of the Kirk, might have buried the
secret in his grave. And, indeed, his own ardent anticipations, which he an-
nounces in the preface to his great mathematical work, of the mighty impetus
thus about to bo afforded to human investigation iu its highest departments,
must have been somewhat checked and mortified by the persuasion, that, in the
course of a very few generations, the dominion of man upon earth was to cease,
and the heavens to pass away like a scroll.

The circumstances under which Napier was placed at the head of the com-
mission from tlie Kirk are somewhat curious. He had now for a long time been
married to his second wife, Agnes Chisholra, the daughter of Sir James Chis-
holm of Cromlix, by whom he had a numerous family of sons. His only son by
his first marriage to Elizabeth Stirling of Keir, was at this time attached to tho
household of the king ; and served him faithfully afterwards in England, for
fifteen years, as gentleman of his bed-chamber. James, when on his deathbed,
recommended Archibald Napier to Charles I. ; and, accordingly, he was the first
Scotchman whom that monarch raised to the peerage. While on the one hand
there was this Unk between John Napier and the Court, on the other a yet closer
tie existed between him and the persecuted party of the popish lords. In the
confession extorted by the king from poor Ker, (who was the brother of Lord New-
bottle,) by that infernal instrument the iron boot, he states, " That the filling of
the blanks was trusted to Mr William Crichton and Mr James Tyrie ; and that
Sir James Chisholme, one of the king's master households, was first cho?on to be
carrier of the blanks ; but that he being impeded through some private business,
they were delivered to him (Ker) subscribed in the beginning of October, he
being then in Edinburgh," (p. 42G.) Napier's father-in-law bad thus escaped
the iron boot, but was not allowed to rest by the Ku'k. " Tho ministers of the
synod of Fife," says Spottiswoode, " meeting at St Andrews in the beginning of
October 1593, did summarily excommunicate the earls of Angus, Huntly, and
Erroll, the Lord Home, and Sir James Chisholme. They sent letters also to all
the presbyteries, desiring their excommunication to bo published in all tho
churches ; and particularly required the ministers, and well-affected barons, to
advise what course was fittest to take for defence of religion, and repressing the
practices of enemies," (p. 437.) This rabid synod was very violent against the
delinquents, declaring them "■ipso facto cut off from Christ and his Kirk, and so
become most worthy to be declared excommunicated, and cut off from the fel-
lowship of Clirist and his Kirk, and to be given over to the hands of Satan,
whose slaves they are, that they may learn, if it so please God, not to blaspheme
Christ or his Gospel." They added that, " the said Sir James Chisholm being
one of the principal complices and devisers of their most malicious plots, the
said synod found that they had good interest and occasion to excommunicate
and cut him off," &c. (Calderwood.) If John Napier's numerous family attended
their parish church on the day appointed, they must have heard pronounced from
the pulpit their grandfather's doom, to bo excluded from tho social comforts of
life, the blessings of the Church, and delivered into the hands of Satan ; and this
under the auspices of their own father.

As Spottiswoode narrates (vol. ii. p. 4.".}$), this violent proceeding on the part
of the Kirk greatly incensed the king, although his own treatment of the brother
of the Abbot of Ncwbottle set the liighcet example to such tyrannical oppret-
siou. But our author has passed over in a very cursory manner the graphic

NOTES TO DOOK VI. 121

incident of the popish lords' appeal to the king on the highway, which acceler-
ated the violent proceedings of the Kirk against them.

On the r2th October 1593, King James, harassed by his clergy and haunted
by witches, now dreading the king of Spain, and now in terror for the wild earl
of Bothwell, was trotting at the head of his retinue to the borders, with the
temper of a goaded ox. Suddenly a most unwelcome apparition arrested his
progress at Fala. The earls of Angus, Huutly, and Erroll, and Sir James
Chisholme, had been hiding themselves among the mountains. Aware of the
royal progress, they determined to extort some favourable expressions from the
king himself, and most unexpectedly started up in his path, at the foot of Soutra
hill. Falling on their knees before him, they earnestly implored a fair trial, and
that they should not be condemned unheard. James, though favourable to the
supplicants, was very much alarmed for the interpretation that might be put on
this audience, and refused to treat with them. But, instead of ordering them
into custody, he dismissed them without committing himself, and immediately
sent a report of the whole affair, by the master of Glammis and the abbot of
Lindores, to Queen Elizabeth's ambassador and the clergy in Edinburgh. " It
was," says the minister Melville, in his diary, " verie greivus to the Breathrin
to heir that the saids excummunicat lords haid repearit to his majestic, and
spoken him at Faley, even immediately before the meeting of the Kirk. This
\ra,s given in commission to be regratit."

Upon this it was, that the excommunication of these persecuted noblemen and
gentlemen of the popish persuasion, was ratified in a very excited convention of
the Kirk, on the 17th October 1593, and public proclamation of the same
ordained to be made from all the pulpits. The same convention appointed a
select committee to follow the king wherever he was bound, and to lay before
him, in a personal interview, certain instructions for the punishment of the
rebels, the safety of the Kirk, and the quieting of the public mind. This mission
was considered so perilous, that the ministers, not usually backward in the
political storms of their religion, declined it very nearly to a man. Their sturdy
moderator, however, James Melville, then stepped forward to assert the courage
of the school of Knox. The two barons selected for the adventure must have
been considered among the most able and courageous of the convention. And
certainly it affords a curious trait of the times, that the leading commissioner,
and who no doubt must have been the spokesman with the king, was the son-in-law
of Sir James Chisholme, a principal delinquent ; namely, John Napier younger of
Merchiston. James Melville, in his diary (p. 208), says, " It behoved me (all
uther refusing except Mr Patrick Galloway, the kingis ordinar minister, who
was to go thither) to tak jorney to Jedwart, accompanied with twa barrones,
the lairds of Merchiston and Caderwoode, and twa burgesses of Edinbruche ;
whar finding the king, were hot bauchlie lookit upon." That the leading com-
missioner was the philosopher, and not his father, is distinctly proved by the
following record :

"17 October 1593. Petitiones per commissarios Ecclesue Scoticarue Regi
exhibitae." [Here follows the petition.] " Theise foreseid petitionis and conclu-
sions being read and considered by the commissioners of the Kirk, barons and
burghs present, the said commissioners agreed to the same, and promised to
stand by them ; and, for this purpose, hath directed in commission these
brethren, the laird of Merkinston younger, the laird of Calderwood, the com-
missioners of Edenburghe and Dundee, Mr Patrick Galloway, and Mr James
Melville, to present these humble petitionis to the kingis majestie, and to re-
tourne his majestie's answer back with all diligence. Ordains the excom-
munications of the earls of Huntly, Angusse, and Erroll, the laird of Auchin-
downe, and Sir James Chesholrae, to be intimate in all the kiikes of Lowthian,
the next Sabbothe." (Bibl. Cotton, Caligula, d. 2, fol. 190 ; Fwdera, xvi. p. 222.)

The reception of these commissioners by his majesty at Jedburgh, and what

122 NOTES TO BOOK VI.

passed upon the occasion, is narrated by our author (vol. ii. pp. 440, 441), who
adds, " After these speeches, they humbly besought his majesty to vouchsafe
the Assembly some answer in writing ; but he absolutely refused, and so they
took their leave." James Melville, however, expressly says, that they got their
answers in writing next morning. Upon the 20th of October, the convention
received the commissioners, "their brethren, and good frendes, the larde of
Warchistou younger" &c., who delivered the king's answers. {Fcedera, xvi.)

It is also remarkable that Spottiswoode should have been ignorant, or have
omitted to record, that the leading commissioner for the Kirk at this desperate
crisis followed np his unsatisfactory interviews with a severe lecture to his
Majesty ; and this in the form of a published letter, framed in the most uncom-
promising and dictatorial spirit of the Kirk, though tempered with the language
and manner of a gentleman. This bold and somewhat rash remonstrance, was
ere long translated into all the languages of Europe. It was in the month of
October 1593, that the commissioners met the king at Jedburgh, and afterwards
at Linlithgow. A third deputation laid the same petition before him in Decem-
ber following ; because, in the intermediate month of November, the act of
abolition had been proclaimed, to the great dismay and dissatisfaction of tho
protestant party. Now, tho following letter (prefixed by way of dedication to
Napier's " Plain Discovery,") is dated at Merchiston the 2J)th of January 1593,
— that is to say, the month oi JnuMary fol/oicinr; the audiences with his Majesty,
the 25th of March being, at that period, reckoned New Year's Day.

" To the Right Excellent, High and Mightie Prince, James the Sixt.
King of Scottes, Grace and Peace, &c.
" Forsomuch (right highe and mightie Prince) as both this our divine prophet
St John, intreating here most speeiallie of the destruction of tho Auti-christian
seate, citie, and kingdomo, doth direct the execution of that great worke of
God's justice and just judgement to the kings of the earth : as also, tho whole
prophets of al ages have for the most part directed al their admonitions gene-
rally to kings, princes, and governors, to tho effect that they (as Heads-men)
being by holy admonitions forewarned, might (according thereto) holdo all the
whole body of their commoun wealth in good order, — for certaine it is that the
heade, being well affected, will of ncccssitie ministrat health and wholsomo
humors to the whole body, — Therefore it is likewise the dutie of God's servants
in this age, interpreters of prophecies, as well (according to the example of tho
prophet^^) to incourage and inanimate princes to be ready against that greate
day of the Lord's revenge, as also to exhort them generally to remove all such
impediments in their cuntrics and common wealths as may hinder that work
and procure God's plagues. For the which causes wee, also all your Majesties
subjects that any waies (how litle soever) have addicted our studies unto these
propheticall mysteries, do not onely crave your Highness to abide conr^tant and
couragious against that day of the destruction of that Apostatik seate and citie,
in case (God willing) it fall in your time, but also in tlie meantime, nntill the
reformation of that idolatrous seate, to be preparing and purging your Majesties
own scat and kingdom from all the enemies of that cause : yea, and from all
others any waies enemies or abusers of justice. For vercly and in tinieth, such
is the injury of this our present time, against both the Church of God and your
Majesties true lieges, that Religion is despised, and Justice titterly neglected :
for what by Atheists, Papists, and cold professors, the religion of God is
mocked in al estates : Againe, for partialitio, prolixitie, dearth, and deceitful-
ness of lawcs, tho pooro parishe, the proud triumphe, and justice is no wlicre to
bo found. Praying your Majestic to attend your self unto these enormities, and
(without casting over the credito thereof to wrong wresters of justice) your
Majesties self to wit certainly that justice bo <lono to these your true and godly
lieges, against the enemies of God's church, and their most cruell oppressors :

NOTES TO HOOK VI. 123

Assuring your Majesty, be concordance of al Scriptures, that if your Majestio
ministrate Justice to them, God the supreme judge shal ministrate justice to you
against al your enemies, and contrarily if otherwise. Therefore Sir, let it be
your Majesties contiuuall study (as called and charged thereunto by God) to
reforme the universall enormities of your country ; and first (taking example of
the princely prophet David) to begin at your Majesties owne house, familie and
court, and purge the same of all suspicion of Papists and Atheists or Newtrals,
•whereof this Revelation foretelleth that the number shall greatly increase in
these latter daics. For shall any Prince be able to be one of the destroyers of
that great seat, and a purger of the world fi-om Anti-christianisme, who purgeth
not his own countrie ? shal he purge his whole country, who purgeth not his
owne house 1 or shal heo purge his house, who is not purged himselfe by private
meditations with his God ? 1 say therefore, as God hath mercifully begunne the
first degree of that great worke in your inward minde by purging the same from
all apparantspot of Antichristianismc, (as that fruitfull meditation upon the 7. 8.
9. and 10. verses of the 20. Chapter of the Revelation, which your Highness hath
both godly and learnedly set forth, doth beare plaine testimony, to your Majes-
ties high praise and honour,) so also wee beseeche your Majestic (having consid-
eration of the treasonable practices in these present daies, attempted both
against God's trueth, your authoritie, aud the common wealth of this countrie,)
to proceedo to the other degrees of that reformation, even orderly from your
Majesties owne persone til your highnes familie, and from your family to your
court ; til, at last, your Majesties whole country stand reformed in the feare of
God, ready waiting for that great day in the which it shall please God to call
your Majestic, or yours after you, among other reformed princes, to that great
and universall reformation, and destruction of that Antichristian seat and citie
Rome, according to the wordes prophecied, Apoc. 17. saying, — The ten horns are
ten Kings, &c. these are they that shall hate that harlot, and shall make her
desolate and naked, and shall eate up her flesh and burne herselfe with fire ; —
beside also a warrant and commaund generally given to all men, Apoc. 18, say-
ing, — Rcwarde her even as sheo hath rewarded you, and give her double accord-
ing to her workes, and in the cup that she hath filled to you, fill her the double.
And now, because the spirit of God, both by all his prophets generally, and by
St John particularly commends and directs the execution of justice to kings
and rulers, I trust no man shall thinke that this our Discovery (wherein is con-
tained God's justice and severe judgment against the Antichristian seate) can
more justly be dedicate unto any man than unto these ten Christian kings,
sometimes maintainers of that seate, whome or whose successors now both the
prophet promises to be executers of that judgment, as also in whose kingdomes
reformation is already begunne ; but, because of these kingdomes, sometimes
maintainors of that seate and nowe desisting therefro, this your Majesties
realme is undoubtedly one, as also this present treatise, both being written by
your Highnes subject and in your Majesties native language, — were uuproper
to be directed to any of the other princes. Therefore, of necessitie I am led (as
by the eare) to direct and dedicate these primices and first fruites of my study
unto your highnes ; wherein, if perchance I should seme any waies more pre-
sumpteous then acceptable, I doubt not but your Majesties clemencie will
pardone that presumption that comes of necessitie : But contrarily, if I herein
shall be found acceptable, (as verely I look for of your Majesties humanitie)
then certainly, not onely conjoyne I unto the former necessitie a voluntary
heart, and so do ofi"er these presents both gladly and necessarily unto your
Highnes, but also it shall incoui-age both me and others your Majesties lieges,
to proceede, every man in his own calling, to all kinde of godly workes and
good exercises, to the honour of God, edification of his Church, your Highness
renowne, and welfare to your Majesties realme, when they shall finde your
clemencie to become the patrone aud protector of all zealous fstudcnts, and an

124 NOTES TO BOOK VI.

allower and accepter of their godly exercises. For let not your Majestic doubt
but that there are witliin your realme (als wol as in other countries) godly and
good ingyues, versed and exercised in al manor of honest scicuce and godly dis-
cipline, who by your Majesties instigation might yeelde foorth workes andfruites,
worthie of memory, which otherwise (lacking some mightie Maecenas to iucour-
ago them) may pereliance be buried with eternall silence. Hoping, therefore
that your Highnes will be a protector of us and our godly exercises, wee pray
and humblie beseech the Almightie to be also unto your Higncs selfe, and most
honourable bedfellowe the queenes Majestic, a pcrpetuall protector of your
honourable estates and welfare of persones, both in body and soule, to the
quieting of your Majesties lieges, increase of the true Church, and honour of
God ; to whome, in Triuitio and Unitie, bee praise for ever. At Marchistouu
the 29 daye of Januar. 1593.

" Your highnes most humble and obedient subject,

" JoH\ Napier, Fear of Marchistoun."

As a frontispiece to this epistle, the philosopher selected the arms matrimonial
of Scotland and Denmark, in compliment to the King's recent alliance. But
underneath the heraldic conjuuctiou, he caused to be printed, in capital letters,
this solemn warning : " In vaine arc al earthlie conjunctions, unles wo be heires
together, and of one bodie, and fellow partakers of the promises of God in
Christ, as the Evangell."

In this very characteristic production, which rates the king for not " purg-
ing his house " of such Masters of the Household as the excellent Sir James
Chisholme, Napier's own father-in-law, a sentence occurs that is well worth
noting. It was little heeded or understood by those to whom it was addressed,
and has scarcely been noticed or understood since. At a time when the elements
of civil and religious sanity were all in a state of solution, and violent conflict
during the most vicious age of a semi-barbarous_ nation, one man, himself an
agitator of this unpromising chaos, announces the advent of the great era of
science, in the glory of which Scotland, through his solitary mean;?, was to be a
proud partaker.

" In the desert a fountain is springing,
In the wide waste there yet is a tree."

Abstracting his mind for a moment from the turbulent arena, so little
congenial to his habits and his dostiuy, forgetting alike the mystical terrors of
the beast witli ten horns, and the near approach of the day of judgment, he tells
the king, " Let not your JIajesty doubt but that there are within your realm,
as well as in other countries, godly and good ingyues (geniuses) versed aud
exercised in all manner of honest science and godly discipline, who by your
Majesty's instigation might yield forth works and fruits loorthy of memory,
which otherwise, lacking some mighty Maecenas to encourage them, may per-
chance be buried with eternal silence."

This might easily pass, and no doubt has generally done so, for a natural
invocation in favour of science, from one more or less devoted to its interests.
But it had a deeper and more precise signification. The writer of that sentence,
while parading in the midst of a barbarous age his imaginary key to tho
Apocalypse, which, in weaker and weaker hands, has been constantly and
vainly applied ever since, had in his pocket a key to science, so true, and so
powerful, as to change the face of it in a few years. The Logarithms is a power
in Numbers that bears the same relation to mathematical operations as the
telescope to physical research, and steam to mechanical forces. Indeed, %vith-
out tho first of these three mighty impulses, science was not ripe for tho other
two. To this secret it was that Napier principally alluded in that solemn
sentence to his sovereign. The fact can be distinctly proved, and is not deduced

NOTES TO BOOK VI. 125

merely from the circumstance of his great discovery having appeared many
years afterwards. He communicated the discovery to Tycho Brake immedi-
ately after the date of his letter to James VI. Tycho, however, died in ignorance
of the value of the hint, and perhaps of its meaning. Kepler, the pupil and
associate of the King of Astronomy, only remembered the neglected communica-
tion when, more than twenty years thereafter, his first inspection of the Canon
MiRiFicus impelled him to write a most elaborate and enthusiastic espistle to
its honoured author. These latent events were co-extensive with the rudest and
most turbulent times of ovir church history ; and the curious but abstruse
evidence by which they can be distinctly proved, is well worthy of being added
to the pages of Spottiswoode.

Not long before the date of Napier's letter to James VI. the monarch had
returned from his matrimonial adventure in Denmark. In that expedition ho
was accompanied by his physician, Dr John Craig, who was an old and valued
friend of John Napier. Their fathers. Sir Archibald Napier of Merchiston, and
Sir Thomas Craig of Riccarton, (the great Feudist,) had been colleagues together
in the office of Justice-depute. The sons became intimate from the congeniality
of their pursuits. John Craig was the third son of the Feudist, and highly
distinguished as a mathematician. A rare and little known record of his fame
in that respect is extant in a small volume of Latin epistles, printed at Bruns-
wick in the year 1737, and dedicated, by the collector Rud. Aug. Noltenius, to
the duke of Brunswick. The three first letters in this collection are from Dr
John Craig to Tycho Brahe, and prove the former to have been upon the most
friendly and confidential footing with the illustrious Dane. He addresses
Tycho as his "honoured friend," and signs himself, "your most afiectionate
John Craig, doctor of philosophy and medicine." The first letter commences
thus : " About the beginning of last winter, that distinguished personage, Sir
William Stuart, delivered to me your letter, and the book which you sent."
The date of this letter is not given, but is thus curiously ascertained. I have
had in my hand a mathematical work of Tycho's, belonging to the library of the
Edinburgh University, upon the first blank leaf of which there is written, in
Latin, a sentence to the following efi'ect : " To Doctor John Craig of Edinburgh,
in Scotland, a most illustrious man, and highly gifted with varied and excellent
learning, professor of medicine, and exceedingly skilled in mathematics, Tycho
Brahe hath sent this gift, and, with his own hand, hath written this at Urani-
burg, 2 November 1588." Now it appears, from contemporary chronicles, that
Sir William Stewart, who was captain of the king's guard, had been sent to
Denmark, in the month of August 1588 (the " marvellous year "), to arrange the
preliminaries of the royal marriage, and that he returned to Edinburgh on the
15th of November in that same year. It cannot be doubted, that the old book
in the College Library, the inscription on which bears date 2d November 1588,
when Sir William Stewart was actually in Denmark, is the identical one the
receipt of which, from the same distinguished emissary, is acknowledged in
Craig's letter to Tycho, preserved in the little rare volume printed at Bruns-
wick. That letter, then, must have been written in the year 1589. Moreover,
Dr John Craig was physician in ordinary to King James.

Our author has narrated {supra, vol. ii. p. 405,) the royal progress to the Court
of Denmark, in the first month of the year 1590, after his majesty's romantic
expedition to meet his bride in Norway. But he has omitted to record the fact,
that, among the festivities and amusements which the king then enjoyed, was a
visit to Tycho Brahe, at Uraniburg. Here was then planted the throne of science ;
nor can we doubt that the visit was suggested by Dr John Craig, who accompanied
his majesty in the capacity of royal physician. Craig had long desiderated an
opportunity of visiting Tycho. In his letter of 1589, above referred to, he states
that five years before the date of that letter, ho had made an attempt to reach
Uraniburg, but had been driven back by tempests ; and that ever since, being

120 NOTES TO BOOK VI.

more and more atti-acted by tho rci)ort3 of Tycho's fame, and of tho magnificent
scale and appointments of bis observatory, he had been ardently longing to
satisfy at once his friendship and his curiosity. The storm which baffled him in
1.584 was scarcely to be regretted, since be now accomplished his desire in the
train of a monarch. It is also remarkable that our liistorians of a more modem
dato than Spottiswoode should have passed in silence this graphic incident in
the one romantic chapter of the life of King James. We might have expected
it to have been admirably told in the Tales of a Grandfather ; where, however,
the king's adventurous gallantry is not recorded at all ; the fact merely being
stated that " King James VI. of Scotland married the daughter of the king of
Denmark, called Ann of Denmark." Nor has Scott mentioned the visit to
Uraniburg in his notice of the Danish match, which occurs in the history of
Scotland written for Lardner's Cyclopaedia. Tytler slightly alludes to the
fact. Yet not only was it the most curious adventure in the domestic life of the
monarch, but, as will appear in the sequel, it had encouraged and accelerated
the imoxpected impulse which the progress of science derived from savage
Scotland.

In the island of Huen, at the mouth of the Baltic, Frederick II. of Denmark had
seated the great astronomer on a prouder throne than his own ; bestowing upon
him honours and revenues, and every aid and encouragement which Tycho's
soaring genius could desire. Arabia had been lavish of her stores to renovated
science ; and now tho most romantic tales of eastern magic and splendour
seemed realized in the north. Upon the 8th of August 1.570, the first stone of
the far-famed castle of Uraniburg was laid in the island with which tho
munificent patronage of Frederick had gifted the philosopher. Iluen, about
eight miles in circumference, rises from the sea by a gentle elevation, so as to
command the horizon on all sides ; and the edifice with which it was honoured
was no less royal than the gift. The form was quadrangular, the dimensions
being sixty feet on every face. It was flanked with lofty towers, thirty-two
feet in diameter, the observatories of this palace of science. The whole estab-
lishment was in keeping. Certain mysterious tubes, and other telegraphic con-
trivances (not mysteries now), enabled the great man to communicate with his
domestics as if by magic, and to obtain secret intelligence regarding his many
visiters long before their arrival. And here it was that Tycho catalogued the
stars with an accuracy, and to an extent, which threw the labours of Hipparchus
and Ptolemy for ever in the shade. No instruments of power or nicety approxi-
mating to his had hitherto been applied to physical research. Tycho in his
youth was wild, fanciful, quarrelsome, and romantic' A dispute with a friend
on the subject of mathematics was instantly brought to the arbitrement of the
sword. The combat took place at seven o'clock of a dark evening in December.
Tho stars refused to be accomplices in this unnatural demonstration of a mathe-
matical truth. Tycho lost his nose. But the future king of Uraniburg was
nothing daunted thereby ; and the ingenuity by which he supplied it is charac-
teristic of the magnificence of his mind. He would have disdained that barbarous
borrowing from the forehead, of which modern surgery is so vain ; and he
rather gloried in an opportu;uty of obtaining a finer proboscis than any other
mortal. Accordingly, with his own hands ho fashioned a nose of gold, silver, and
ivory, exquisitely mingled, and thus restored he feared not to look either hcaveji
or woman in tho face. An old French author, M. Savericn, ^vho has sketched
some biogi-aphies of eminent philosophers, says of this precious nose, " Qu'il
dtoit si bien fait, ct si bien ajnst<5, que tout le mondo le croroit naturcl. Cela
pent etre ; mais on no conceit pas comment /V/r et Vnrgent pouvoient imitcr la
ihair ; ces deux metaux ctoient apparcmont caches." Perhaps this aided to
fascinate the beautiful peasant girl of whom Tycho was enamoured, and whom
ho shortly afterwards married. This misalliance brought upon him such
rigorous treatment from his noble family, tliat the king of Denmark thought it

NOTES TO BOOK VI. 127

necessary to inter poso his good offices. And hence the astronomer himself
became a sovereign on the island of Huen. To complete the picture of the man
whom kings delighted to honour, by his side, the prime minister of his glorious
toils, was the great Longomontanus ; and at his feet lolled his gifted idiot Lep,
whom he fed from his own hand, and who repaid his master with prophecies
and second-sight. But with all his natural powers and artificial appliances,
in the essential department of mathematical calculation Tycho was compara-
tively feeble. He wasted his genius in weaving systems out of his own imagina-
tion, and fortifying them with his ingenuity. And thus it was that this great mind
actually retrograded from the truths of Copernicus. The gigantic genius of his
pupil Kepler subsequently towered above that difficulty. But the herculean
task of unravelling the orbit of Mars, and determining the relative position of
that planet with the sun and the earth, had nearly killed him. " The industry
and patience of Kepler in this investigation," says Professor Playfair, " were
not less remarkable than his ingenuity and invention. Logarithms were not yet
known ; so that arithmetical computation, when pushed to great accuracy, was
carried on at a vast expense of time and labour. In the calculation of every
opposition to Mars, the work filled ten folio pages, and Kepler repeated each
calculation ten times ; so that the whole work for each opposition extended to
one hundred such pages ; seven oppositions thus calculated produced a large
folio volume."

From the exciting scenes of Uraniburg James VI. returned, with his bride
and his retinue, in the month of May 1590, to bell the cat with his clergy in
Scotland. The wonders which Dr John Craig had beheld in the Palace of
Science, he could not fail to unfold to his friend in the old fortalice of Merchiston.
To Napier was detailed his discussions with Tycho, and all the splendours,
resources, triumphs, and difficulties, of the regal asti'onomer. A fresh impulse
was thus given to the one original genius in Scotland. Amid the turbulence that
immediately followed the return of the king ; the storm of the Spanish Blanks ;
the escape of Francis earl of Bothwell, and of the hunted popish lords ; the
solemn consignation of Napier's own father-in-law to the devil ; thunders from
the pulpit, and yells from "the buits," science still occupied the mind of
Napier, and he still thought of Uraniburg and Tycho Brahe. And hence those
expressions to his ovrn sovereign, darkly intimating a power no less worthy of
royal patronage than the achievements of the Dane.

Unquestionably before this time, Napier, and he alone, had conceived the Logar-
ithms. This is placed beyond all doubt by the fact that, at the very time when
he addressed his epistle against papacy to James VI., he sent Tycho Brahe a
promise of the new impulse to science. For this we have the authority of Kepler
himself, who succeeded Longomontanus as the assistant and associate of Tycho.
In a letter to his friend Petrus C'ugerus, a mathematician of Dantzick, after
revelling in a sea of calculations, and naming and commenting upon some of the
most distinguished improvers of trigonometrical power, he ardently exclaims :
'' Nihil, auteni, supra Nepcrianam rationem esse puto : etsi, quidem, Scolus
quidam, literis ad Tychonem anno 1594 scriptis, jam spem fecit Canonis illius
Mirij!ci." " But nothing ia my opinion can surpass the numerical ratios of
Napier ; and yet so early as in the year 1594 a certain Scotchman had conveyed
by letter to Tycho a hope of that same Canon Mirijicus." (Kepleri Epistolm, a
very rare folio.) Can the meaning of this be doubted? Dr Craig was the
" Scotus quidam " who corresponded with Tycho ; and " Canon Mirificus Logar-
ithraorum " was the title given by Napier to his great work, first published in
1614. Conversations with his friend relating to the royal reception at Urani-
burg, and the narration of tho difficulties in calculation by which the genius
of the Danish astronomer was nearly overpowered, had induced Napier to
transmit through Craig to Tycho a hint and a promise of the Logarithms, And
Kepler had called this to mind, years afterwards, when he became so excited by

128 NOTES TO BOOK VI.

the discovery as to write an enthusiastic and most laudatory epistle to Napier
himself, giving him all the glory, who by that time was in his grave.

But the evidence that it was Napier's friend Craig who transmitted this
hint to Tycho in 1594, though irresistible as it stands, is more positively con-
firmed by the following anecdote, told by Anthony Wood in the Athence
Ojconienses.

" It must be now known, that one Dr Craig, a Scotchman, coming out of
Denmark into his own country, called upon John Neper, baron of Merchiston,
near Edinburgh, and told him, among other discourses, of a new invention in
Denmark, by Longomonianus, as 'tis said, to save the tedious multiplication and
division in astronomical calculations. Neper being solicitous to know further
of him concerning this matter, ho could give no other account of it than that it
was by proportional numbers. Which hint Neper taking, he desired him at his
return to call upon him again. Craig, after some weeks had passed, did so, and
Neper then showed him a rude draught of what ho called Canon Mirabilis
Logarithmorum. Which draught, wth some alteration, he printing in 1614, it
came forth into the hands of our author Briggs, and into those of Will Oughtred,
from whom the relation of this matter came."

This anecdote, combined with the circumstance of Craig's visit to Tycho in
1590, and the subsequent statement by Kepler, that, in 1594, a certain Scotch-
man communicated to the Dane by letter a promise of the Logarithms, places
beyond all doubt or question the fact, that it was Napier who had transmitted
the promise through his friend Craig, after his return from Denmark. But in
other respects the anecdote is inaccurately and ignorantly told. It is impossible,
as every mathematician will know, that Napier could have caught the hint from
a reported conversation with Longomontanus, and in " some weeks " thereafter
have produced the Canon of the Logarithms. He himself tells us, in his publi-
cation, that the system was by him " longo elahoratum" and that a vast under-
taking had been completed by his solitary toils, which ought, he says, to have
been the work of many heads and hands. But if even the germ of this great
discovery had come to Napier from Denmark, and had immediately thereafter
been re-transmitted by him in blossom, from that moment the world must have
been in possession of the Logarithms. On the contrary, however, for twenty
years after the promise had been sent to Tycho (who lived not to see it fulfilled),
down to the time when Napier published the discovery in 1614, Kepler and the
world remained as ignorant of this revolution in science as if Napier had never
breathed a syllable on the subject. This is most ardently declared by Kepler
himself in his letter to Napier, written in 1619.

No doubt the stormy state of Scotland, and the exciting affairs of the Kirk,
upon which rude arena Napier unfortunately had come forth, must have retarded
the advent of his great discovery. The mere practical arrangement of the system,
for the use of science, involved the necessity of continual abstraction and toil,
and to an extent which only accomplished mathematicians can accurately
estimate. Moreover, however precious the gift of the Logarithms at the very
dawn of the great era of applicatc science, it was of little use to dethrone the
Beast, or to repel his ally the invading Spaniard. In such times the mind of
Napier could not rest satisfied with unravelling the mysteries of the Apocalypse,
and of Numbers. The Spanish Armada in 1588, and the constant expectation
of a fresh invasion from that quarter in behalf of the Popedom, had caused him
to apply his genius, as Archimedes had done of old, in defence of his country.
A very curious indication of this is yet preserved in the library of Lambeth
Palace, the history of which is not generally known, and connects with tho
history of the Church.

Our author Spottiswoodo, tells us (supra, p. 5.), that in the month of March
J 596, " Tho Assembly of the Church convened at Edinburgh, for consulting upon
the dangers threatened to religion by the invasion of the Spaniard, which was

NOTES TO BOOK VI. 129

then generally noised. Some brothcrn directed to lay open the perils to his
majesty, returned with this answer, ' That albeit there was no great cause to
foar any such invasion at that time, yet they should do well to give their advice
as if the danger were at hand, which would servo when necessity did require.'
The Assembly upon this thought meet to enter into consideration both of the
dangers and remedies ; and first to inquire upon the causes that had provoked
God to threaten the realm with that tyrannous nation, to the end the same
might bo removed ; then to deliberate, how by ordinary lawful means the enemy
should be resisted." This last clause refers to the deliberations of the Kirk
militant ; and, inter alia, it was advised, " that, in every parish, captains should
be chosen for the mustering and training of men in arms." Such was the state
of matters that impelled the leading commissioner from these conventions, to
bring the stores of his scientific genius to bear practically upon the defence of
his religion and his country, as the following very curious manuscript, preserved
in the Lambeth collection, sufficiently proves.

" Anno Domini 1596, the 7 of June, Secrett Invcntionis, proffitabill and neces-
sary in theis dayes for defence of this Hand, and withstanding of strangers,

enemies of God's truth and religion.

" First, the invention, proofe and perfect demonstration, geometricall and
allegebricall, of a burning mirrour, which, receving the dispersed beames of the
Sonne, doth reflex the same beames alltogether united and concurring priselie
[precisely] in one mathematicall point, in the which point most necessarelie it
ingendreth fire, with an evident demonstration of their error who afiirmeth this
to be made a parabolik section.

" The use of this invention serveth for burning of the enemies shipps at what-
soever appointed distance.

" Secondlie, The invention and sure demonstration of another mirrour which
receiving the dispersed beames of any materiall fier or flame yealdeth allsoe the
former cfiect, and serveth for the like use.

" TaiRDLiE, The invention and visible demonstration of a piece of artillery,
which, shott, passetli not linallie through the enemie, destroying onlie those that
stand on the randou thereof, and fra them forth flying idly, as utheris do ; but
passeth superficially, ranging abrode within the whole appointed place, and not
departing furth of the place till it hath executed his whole strength, by destroy-
ing those that be within the boundes of the said place.

" The use hereof not onlie serveth greatlie against the armie of the enemy on
land, but alsoe by sea it serveth to destroy, and cut downe, and on-shott the
whole mastes and tackling of so many shippes as be within the appointed
boundes, as well abriei as in large, so long as any strength at all remayneth.

" FuuiiTHi.iE, The invention of a round chariot of mettle made of the proofe
of dooble muskett, whose motion shall be by those that be within the same,
more easie, more light, and more spedie by much then so manie armed men
would be otherwayes.

" The use hereof, as well, in moving serveth to breake the array of the ene-
mies battle and to make passage, as also, in staying and abiding within the
enemies battle, it serveth to destroy the environed enemy by continuall charge
and shott of harquebush through small hoalles ; the enemie in the meantime
being abased and altogether uncertaine what defence or pursuit to use against
a moving mouth of mettle.

" These inventiones, besides devises of sayling under the water, with divers
other devises and stratagemes for harming of the enemyes, by the grace of God
and worke of expert craftesmen I hope to perform.

" Jo. Neper, Fear of Marchistoun."

[Endorsed] " Mr Steward, secretes inventiones de la guerre, le mois de
Juillet, 1596."

VOL. in. 9

130 NOTES TO BOOK VI.

Tho indorsation of this document affords a key to tho transmission of it, and
tends to explain how it came to be preserved among the papers of Anthony
Bacon, in Lambeth Palace.

In the beginning of tho year 159G, James VI., impelled by the agitations of
his clergy, sent emissaries abroad, with offers of co-operation to all christian
kings against the enemies of the Gospel. Colonel Stewart, commendator of
Pittenweem, and captain of the king's guard, (the same who brought the book
from Tycho to the king's physician,) was accredited for this purpose. In the
month of April 1596, the news reached Scotland that a Spanish army of 25,000
men had taken Calais, and that an English army of 30,000 had entered Spain,
and attacked the city of Cadiz by sea and land. This was the glorious expedi-
tion under Essex, Howard, and Raleigh. Anthony Bacon, (son of the famous
Bacon,) among -whose papers Napier's propositions are found, and wliich appear
to have been delivered to him, by Stewart, in the mouth of July 1596", was
secretary to Essex.

The accidental conflagration of a country seat, during the last century, destroyed
a large collection of Napier's papers, possessed by a branch of his family. Thus
perished all hope of illustrating, from his own manuscripts, these curious scant-
lings of inventions ; which, fortunately instead of the Logarithms, " lacking
some mighty Maecenas to encourage them, have been buried with eternal
silence." His third proposition, however, seems so curiously corroborative of a
passage in the works of Sir Thomas Urquhart of Cromarty, (who docs not ap-
pear to have been aware of the paper in the Lambeth collection,) that in conclu-
sion we must add the story told by that strange author, who was born in tho
lifetime of Napier.

In a tract which he entitled, " The discovery of a most Exquisite Jewel, more
precious than diamonds iuchascd in gold," Sir Thomas speaks of a Colonel Douglas,
who, he says, was very serviceable to the States of Holland, and presented them
with a paper, containing " twelve articles and heads of such wonderful feats for
the use of the wars both by sea and land, to be performed by him, flowing from
the remotest springs of mathematical secrets, and those of natural philosophy,
that none of this ago saw, nor any of our forefathers ever heard the like, save
what out of Cicero, Livy, Plutarch, and other old Greek and Latin writers we
have couched, of the admirable inveutious made use of by Archimedes in de-
fence of tho city of Syracusa, against the continual assaults of the Roman forces
both by sea and land, under the conduct of Marcellus." The knight of Cromarty
then introduces his celebrated episode about Napier of Mcrchiston and Crichton
of Elliock, whom he classes together as the Castor and Pollux of Scottish
letters. " To speak really," says he, " I think there hath not been any in this
age of the Scottish nation, save Neper and Crichtoun, who, for abilities of the
mind in matter of practical inventions useful for men of industry, merit to be
compared with him : and yet of these two (notwithstanding their precellency in
learning) I would be altogether silent (because I made account to mention no
other Scottish men here, but such as have been famous for souldiery, and
brought up at the school of Mars) were it not, that besides their profoundness
in literature, they were inriched with military qualifications beyond expression.
As for Neper, (otherways designed Lord Marchiston,) ho is for his logarithmical
device so compleatly praised in that preface of the author's, which ushers a tri-
gonometrical book of his, intituled, The Trissotctras, that to add any more there-
unto, would but obscure with an empty sound the cleai'uess of what is already
said : therefore I will allow him no share in this discourse, but in so far as con-
cerneth an almost incomprehensible device, which being in tho mouths of the
most of Scotland, and yet unknown to any that ever was in the world but him-
self, deserveth very well to be taken notice of in this place ; and it is this : he
had the skill (as is commonly reported) to frame an engine (for invention not
much unlike that of Architas Dove) which, by vcrtue of some secret springs,

NOTES TO BOOK VI. 131

inward resorts, with other implements and materials fit for the purpose, in-
closed within the bowels thereof, had the power (if proportionable in bulk to
the action required of it, for he could have made it of all sizes) to clear a field
of four miles circumference, of all the living creatures exceeding a foot of
height, that should be found thereon, how near soever they might be to one
another ; by which means he made it appear, that he was able, with the help
of this machine alone, to kill thirty thousand Turks, without the hazard of one
Christian. Of this it is said, that (upon a wager) he gave proof upon a large
plain in Scotland, to the destruction of a great many herds of cattol, and fiocka
of sheep, whereof some were distant from other half a mile on all sides, and
some a whole mile. To continue the thread of the story, as 1 have it, I must
not forget, that, when he was most earnestly desired by an old acquaintance,
and professed friend of his, even about the time of his contracting that disease
whereof he dyed, he would be pleased, for the honour of his family, and his own
everlasting memory to posterity, to reveal unto him the manner of the contriv-
ance of so ingenious a mystery ; subjoining thereto, for the better perswading
of him, that it were a thousand pities, that so excellent an invention should be
buried with him in the grave, and that after his decease nothing should be
known thereof : his answer was, That for the ruin and overthrow of man, there
were too many devices already framed, which if he could make to be fewer, he
would with all his might endeavour to do ; and that therefore seeing the malice
and rancor rooted in the heart of mankind will not suffer them to diminish, by
any new conceit of his the number of them should never be increased. Divinely
spoken, truly." — Sir Thomas Urquhart's Works.]

THE

HISTORY

OF THE

CHURCH OF SCOTLAND,

THE SEVENTH BOOK.

THE CONTENTS.

TUE PROCEEDINGS AFTER HIS MAJESTy's GOING INTO ENGLAND,
UNTO HIS DEATH.

(HE news of the queen's death were brought
the third day after by ^ir Robert Gary, a
son of the Lord Hunsdon ; after whom Sir
Charles Percy, brother to the earl of Nor-
thumberland, and Thomas Somerset, son to

the earl of Worcester, were directed from the council of

England with the letter following.

" Right high, right excellent and mighty Prince, and our
dread sovereign Lord — As we cannot but confess unto your
majesty, that the grief we have conceived by the loss of our
late sovereign lady, whose soul in your palace of Richmond
passed from her earthly body to the joys of heaven, betwixt
two and three of the clock this morning, was nothing less
than our loyalty and love to her whilst she lived, being a
princess adorned with virtues meet for government, prosper-
ous in the success of her affairs, and under whose obedience
we have lived in greater tranquillity these many years than
commonly happeneth to princes ; so we must acknowledge
that our sorrow is extinguished by the impression we have
of those heroical virtues of wisdom, piety, and magnanimity,

134 THE HISTORY OF THE [a. D. 1603.

which Tvc know to bo in your majesty's person, to whose
right the lineal and lawful succession of all our late sover-
eign's dominions doth justly and only appertain ; wherein we
presume to profess this much, as well for the honour which
will thereby remain to our posterity, as for your majesty's
security of a peaceable possession of your kingdoms, that we
have never found, either of those of the nobility, or of any
other of the estates of this realm, any divided humour about
the receiving and acknowledging your majesty to be the only
head that must give life to the present maimed body of this
great kingdom, which is so happy, as with an universal con-
sent to have received one sole, uniform, and constant impres-
sion of right of blood, as next of kin to our sovereign deceased,
and consequently by the laws of this realm true and next heir
to her kingdoms and dominions : whereof we have made out-
ward demonstration by public proclamation this very day
afore noon, first in the city of Westminster, at your majesty's
palace-gate of Whitehall, and next at the cross of Cheapside,
within your majesty's city of London, with an infinite
applause of your people, and with such solemnity as the
shortness of time would permit. Of all which we have
thought it our duty immediately to advertise your majesty
by these two gentlemen. Sir Charles Percy, brother to the
earl of Northumberland, and Thomas Somerset, Esq., son to
the earl of Worcester, of whom we have made choice to be
the bearers of our letters ; humbly beseeching your highness
to accept the same as the first-fruits and offering of our
tender and loyal affections towards you our gracious sover-
eign, and to rest assured that the same shall be ever here-
after seconded with all fnith, obedience, and humble service,
which shall be in our power to perform, for maintaining that
which we have begun, with the sacrifice of our lives, lands,
and goods, which we with all our other means do here
humbly present at your majesty's feet; craving of your
highness, that seeing hereby you may perceive in what estate
we remain, as a body without a head, or rather without that
spirit here amongst us, which from the head might give
vigour to every member to exercise the duty to it belonging,
thereby to keep the whole body from confusion, you will be
pleased to enter into consideration, how soon and in what
manner it shall seem best to your majesty's excellent wisdom,

A. D. 1603.] CHURCH OF SCOTLAND. 135

to inspire a new life into this languishing body, the circum-
stances whereof are wholly to be left to your majesty, hold-
ing it enough for us humbly to acknowledge ourselves your
true subjects, ready to obey all your commandments ; assur-
ing you withal, that as we have hereby, as many of us as
have underwritten this letter, declared our recognition and
humble submission to your majesty's sovereign power and
right, so we do know by all good proofs, that the mind of
the rest of the nobility, and all others who are absent, in
their several qualities, places, and charges, whom the time
permitted not without the prejudice of your affairs to as-
semble so soon as we were desirous this should be performed,
are wholly and resolutely concurring with us in all zeal and
duty for all things that shall bo imposed upon them by your
royal will and pleasure.

" Farther we have thought meet and necessary to advertise
your highness, that Sir Robert Gary this morning departed
from hence towards your majesty, not only without the con-
sent of any of us who Avcrc present at Richmond at the time
of our late sovereign's decease, but also contrary to such
commandment as we had power to lay upon him, and to all
decency, good manners, and respect, which he owed to so
many persons of our degree, whereby it may be that your
highness hearing by a bare report only of the death of the
late queen, and not of our care and dihgence in establishing
your majesty's right here, in such manner as is above speci-
fied, may conceive doubts of other nature than (God be
thanked) there is cause you should ; which we would have
clearly prevented, if he had borne so much respect to us as to
have stayed for a common relation of our proceedings, and
not thought it better to anticipate the same ; for we would
have been loath that any person of quality should have gone
from hence, who should not with the report of her death
have been able to declare the first effects of our assured
loyalties.

" And lastly, it may please your majesty to receive this
advertisement, that of late there was made ready, by the
commandment of the queen our mistress, a good fleet of eight
or ten of her ships well manned and furnished under the
charge of Sir Richard Lawson, knight, to have been em-
ployed upon the coast of Spain ; which employment by her

13G THE HISTOHY OF THK [a. D. 1603.

decease is ceased for want of commission to exercise the
same, and now is kept together in the narrow seas to pre-
vent any sudden attempt from the Low Countries. And that
now tliere is nothing either of hmd or sea that is not yours,
it may please your majesty to signify your pleasure concern-
ing that fleet, and whether you will have it or any part
thereof resort to your coast of Scotland, where it may serve
you, either for the safe convoy of your person to this realm,
if there shall be cause to use it in this manner, or to trans-
port any of yours, whilst you come by land, or any other
service. In which point we humbly beseech you to make
known under whoso charge it shall be your pleasure the
whole fleet or any part thereof shall come unto you. And
this being all that for the present doth occur to be advertised
unto your majesty by us whose minds are occupied about the
conservation of this your realm in peace, as far forth as, by
any power for your majesty's service only assumed, the
interruption thereof may be prevented, saving that we have
sent a copy of the proclamation made here to your majesty's
deputy of Ireland, to be published in that kingdom, we will,
and with our humble prayers to Almighty God, that we
may be so happy as speedily to enjoy the comfortable pre-
sence of your highness's royal person amongst us, the only
object of that glory and those felicities which in the earth
we have proponed to ourselves. Written in your majesty's
city of London, the twenty-fourth of March 1G03, at ten
hours of the clock at night."

This letter was subscribed by

Robert Leigh, Mayor. Pembroke. R. Riche.

John Canterbury. Clanrickard. Lumley.

Thomas Egerton. G. Hunsdon. Chandois.

Thomas Buckhurst. Tho. Howard. W. Compton.

Nottingham. Richard London. W. KnoUes.

Northumberland. Robert Hartford. Edward Wootton.

Gilbert Shrewsbury. John NorAvich. John Stanhop.

William Darby. Morlcy. Raleigh.

Edward Worcester. Henry Cobham. John Fortescuc.

Geo. Cumberland. Thomas Laware. John Popham.

R. Sussex. Gray.

Henry Lincoln. Edward Cromwell.

A. D. 1603.] CHURCH OF SCOTLAND. 137

The king having imparted this letter to the council, it was
thought meet that the coutents thereof should be published,
for begetting a greater kindness betwixt the people of the
two kingdoms ; whereupon a proclamation was made, show-
ing, " That the queen before her death, continuing in that
loving affection Avhicli she professed to his majesty all the
course of her life, had declared him her only true heir and
successor in the imperial crowns of England, France, and
Ireland, and that the lords spiritual and temporal, assisted
by the Lord Mayor of London, and others of the gentry of
good quality, had upon the twenty-fourth of March last pro-
claimed him their only liege lord and undoubted sovereign ;
which being the most clear demonstration that a people could
give of their affection, and a sure pledge of their future
obedience, ought to move all true-hearted subjects to account
of them no otherwise than as their brethren and friends, and
to forget and bury all quarrels and grounds of former dis-
sensions. That therefore none should pretend ignorance,
nor carry themselves in any unkind sort towards the inhabi-
tants of England, his majesty, with the advice of the lords
of council, had ordained proclamation to be made of the
premises, assuring them that should so apply tliemselves, of
his gracious favour when occasion presented, and certifying
such as did in the contrary, that they should incur his wrath
and extreme displeasure."

This notwithstanding, the word no sooner came of the
queen's death, than the loose and broken men in the borders
assembling in companies made incui'sions upon England,
doing what in them lay to divide the two kingdoms ; which
the year following was severely punished, the principals that
were tried to have been partners in that business being all
executed to the death.

The king in the meantime giving order for his journey,
did appoint the queen to follow him some twenty days after ;
and for his children, ordained the prince to remain at Stir-
ling, the duke of Albany his brother to abide with the Lord
Fyvie, president of the Session, and the Princess Elizabeth
their sister with Alexander earl of Linhtligow. To the
lords of council an ample commission was given for the
administration of all affairs ; receiving resignations ; hearing
the accounts of the exchequer ; continuing days of law ;

138 THE HISTORY OF THE [a. D. 1603.

adjoiuing assessors to the justice ; granting of licences to
depart forth of the realm ; altering the place of their resi-
dence as they should find it convenient ; repressing the
troubles of the borders ; and for creating lieutenants, one or
moi'e, upon occasions.

The persons he chose to attend him in the journey were,
the duke of Lennox, the carls of Mar, INIurray, and Argyle,
the Lord Home, Sir George Home, treasurer, ]\lr James
Elphingston, sccretai^y. Sir David Murray, Comptroller,
Sir Robert Ker of Cesford, M'ith the ordinary gentlemen of
the chamber ; and of the clergy, David bishop of Ross,
Peter bishop of Dunkeld, Mr Patrick Galloway, INIr Andrew
Lamb, Mv John Spottiswoodo, Mr Gawin Hamilton, and
Mr Alexander Forbes, ministers.

Things thus ordered, the king went the next morning to
St Giles to hear sermon ; Mr John Hall (whose course it
was) preaching, took occasion to remember the great mercies
of God towards his majesty, reckoning the peaceable succes-
sion to the crown of England none of the least. This, he
said, was God's own proper work, for who could else have
directed the hearts of so numerous a people with such an
unanime consent to follow the way of right ? Thereupon he
did exhort his majesty to thankfulness ; to the maintenance
of God's truth ; and that he would send home some of those
commendable orders he would find whither ho was going.

The king, accepting his exhortation in good part, did upon
the end of the sermon make a speech to the people, which at
the time were frequently convened, and promising to have
care of them and their good, gave them a most loving and
kind farewell. This was followed with such a mourning and
lamentation of all sorts, as cannot be avcU expressed. For
albeit they joyed not a little at first to hear of that accession
of honour to their king ; yet considering they should be
deprived of his presence, and have no more a resident king
among them, they were grieved out of all measure. This
affection of the people moved also the king greatly ; there-
fore when the magistrates, ministers, and others of the better
sort came to receive his commandments, he spake graciously
unto them ; willing them not to be troubled with his depart-
ing, for that they should find the fruits of his government as
well afar off, as when he was near at hand ; and as his power

A. D. 1603.] CHURCH OF SCOTLAND. 139

was now increased and made greater, so his love towards
them should not bo a whit diminished.

In this sort did he part, and beginning his journey on
Wednesday the fourth of April, came the second day to
Berwick; there he was welcomed with a most eloquent
sermon by Toby Matthew, bishop of Durham (for he went
first to the church ;) which tinished, he was conveyed to the
palace by the governor and garrison, the munition playing
from the walls, and the citizens with shouts and acclamations
testifying their gladness. The ninth of that month he went
to Newcastle, where he abode some few days ; and because
multitudes of people from all quarters were daily coming to
see the king, and offer their service, order was taken that no
strangers should have access granted, till the chamberlain or
master of the guard was acquainted with their business. At
York he was met by the councillors, and from thence, by
easy journeys, travelled to London. How his majesty was
there received, and what other things happened in the time,
I remit to the English history ; my purpose being only to
relate the things which passed in Scotland, or that had some
reference to matters of that church and kingdom.

Being at Burleigh-house near unto Stamford, the king was
advertised of the death of James Beaton, archbishop of Glas-
gow, who deceased at Paris in the same month. This man
was descended of the house of Balfour in Fife, and conse-
crated bishop at Rome in the year 1552 ; at the time of the
Reformation he forsook the country, out of the hatred he bare
to those that had hand in that work, and carried with him
all the writs and evidents of the see of Glasgow, with the
vessels and ornaments of the cathedral church, thino-s of
exceeding great worth ; for, besides those of ordinary use,
there belonged to that church the image of our Saviour in
beaten gold, and the portraits of the twelve apostles in silver.
The queen returning from France did estabhsh him ambas-
sador in those parts for her affairs : Under the government
of the regents he was forfeited, and deprived of his living,
which, as we showed before, was conferred upon Mr James
Boyd of Trochrig, and after him went through divers hands,
till the king at his majority did restore him to his dignity,
honour, and living, employing him likewise for his ambas-
sador in France. A man honourably disposed, faithful to

140 THE HISTORY OF THE [a. D. 1603.

the queen while she lived, and to the king her son, a lovei*
of his country, and liberal according to his means to all his
countrymen. In his last will he bequeathed all his means to
pious uses, leaving, as was said, ten thousand crowns for the
education of poor scholars, being Scotchmen born. The
evidents, vessels, and ornaments of the see of Glasgow he
consigned in the hands of the Carthusians of Paris, appoint-
ing the same to be re-delivered how soon Glasgow should
become catholic ; and this year, being the eighty-sixth of his
age, departed peaceably this life.

The king having destinated Mr John Spottiswoode for his
successor, sent him back to attend the queen in her journey,
and serve her for elecmosynar. Soon after his coming, her
majesty went to Stirhng, of mind to bring away the prince
her son, and carry him along with herself to England ; but
being denied by the friends of the house of Mar, she became
so incensed as falling into a fever she made a pitiful abortion.

Advertisement of this being sent unto the king, he caused
the earl of Mar to return ; and after him sending the duke
of Lennox with a warrant to receive the prince, and dehver
him to the queen, he was brought unto her at Halyrudhouse,
about the end of May. Yet she, not satisfied herewith, com-
plained bitterly of the dishonour she had received, and by a
letter written to the king, full of passion and anger, which
she gave her eleemosynar to carry, required a public repara-
tion, by the punishment of the earl of Mar and his servants.
The king, who knew the earl himself to be blameless, and
desired not to be troubled with such business, especially at
that time, returned this answer, " That she should do wisely
to forget the grudges she carried to the earl of Mar, and
thank God of the peaceable possession they had obtained of
these kingdoms, which next unto God his goodness ho
ascribed to the last negotiation of the earl of Mar in Eng-
land," This reported to the queen (for the messenger was
commanded to speak so much), she in a great choler replied,
" That she would rather have wished never to see England,
than to be in any sort beholding to him for the same," Yet
as she was a most mild princess, and very careful to please
the king in every thing, at her coming to Windsor, which
was about the end of June, she was reconciled to the earl of
Mar, and he, by act of council, declared to have done

A. D. 1603.] CHURCH OF SCOTLAND. 141

nothing in that accident at Stirhng that might touch her in
honour.

At the same time was the Princess Ehzabeth, who was
brought alongst with the queen, taken from the earl of
Linhthgow, and given to the custody of the Lady Harring-
ton ; the earl his service in her education being by act of
council approved.

All this summer the sickness was reigning at London,
which made the coronation to be deferred unto July, on the
twenty-seventh day whereof the king and queen were sol-
emnly inaugurated in the church of Westminster, John
Whitgift, archbishop of Canterbury, performing the cere-
monies. There had been some few days before a conspiracy
detected against the king, plotted by two priests, the one
called William Watson, the other William Grey, and George
Brook, esquire.

There joined with them upon some discontents the Lord
Cobham, the Lord Gray, Sir Griffin Marcham, and Sir
Walter Raleigh. This last had served the late queen a long
time, as captain of her guard ; and being put from the place,
and the same bestowed upon Sir Thomas Erskine, Lord
Fenton in Scotland, he grudged exceedingly. The treason
being discovered, (which came by this occasion ; Raleigh
parting with his sister at London had commended himself to
her prayers, saying, " That he was going whence he thought
not to return ; " which she did interpret of some combat he
had undertaken, and breaking the same to her neighbours,
the words were carried to court, where they received an-
other construction), they were all apprehended, and com-
mitted to several prisons. Being brought to their trial in
Winchester about the beginning of December, they were
found guilty, and condemned to die. George Brook and the
two priests were executed as traitors ; the rest, whilst they
expected nothing but death, (for they were brought all, one
after another, to the place of execution, and their heads laid
under the axe to be cut off,) were spared, and the execution
of the sentence pronounced against them suspended.

The people that were assembled in great numbers hearing
the mandate read, (which was pubHshed by the Sheriff, and
was to this effect, " That his majesty, unwilling to have the
beginning of his reign stained with the blood of noblemen.

142 THE HISTORY OF THE [a. D. 1604.

though convicted of a most heinous crime, was pleased to
extend his clemency towards them ; and having spared the
Lords Cobham and Gray, because in the dispensing of mercy
regard must be taken likewise of inferiors, had bestowed the
same favour on the other two,") did greatly extol his majesty's
clemency, promising to themselves much happiness under his
government, that could so temper his justice with mercy.
Cobham and Gray, lifting up their hands to heaven, " did
thank God, who had thus inclined his majesty's heart, pro-
fessing they were unworthy of life, and that they should be
ashamed ever to show their faces amongst men, having
wronged so good and gracious a king."

The next year began with a conference of the clergy at
Hampton Court. Divers petitions had been exhibited to his
majesty for reformation of abuses in the Church ; whereupon
he took purpose to call certain of the bishops, deans, and
doctors together, and with them some of the most grave and
modest amongst the complainers. The bishops were, the
archbishop of Canterbury, the bishops of London, Durham,
Winchester, Worcester, St Davids, Chichester, Carlisle, and
Peterborough ; the deans of the Chapel, Christ-church, Wor-
cester, Westminster, Paul's, Chester, Windsor, Dr Field, and
Dr King. For the petitioners, Dr Reynolds, Dr Spark, Mr
Knewstubb, and Mr Chatterton were present.

These being called into the privy-chamber, the king spake
unto them to this effect : " That following the example of all
Christian princes, who, in the commencement of their reign,
do usually begin with the establishment of the Church, he
had now at his entrance to the Crown taken course to assemble
them, for settling an uniform order in the same, for planting
unity, removing dissensions, and reforming abuses, which (he
said) were naturally incident to all politic bodies. And yet
that he should not be mistaken, and his purpose in assembhng
them misconstrued, he declared that his meaning was not to
make any innovation of the government established, which
he knew was approved of God, but to hear and examine the
complaints that were made, and remove the occasions there-
of; whereof he willed the petitioners to begin, and show
what the things were that grieved them."

Doctor Reynolds with the other three, falling upon their
knees, after a short gratulatory preamble, reduced the matters

A. D. 1604.] CHURCH OF SCOTLAND. 143

questioned to two heads ; some, lie said, concerned the doc-
trine of the Church, and others the government.

Touching the doctrine, that in the book of articles of reli-
gion some things were obscure, and some things defective,
which they wished to be supplied and explained. Being de-
sired to name the particulars, he condescended upon some
articles ; whereof after they had conferred a while, and he
professed to have received satisfaction, the king said, " that if
these were the greatest matters that grieved them, such im-
portunity needed not as was used to him, and that a more
private course had been better." Then falling to speak of
the government of the Church, the want and scarcity of suf-
ficient ministers in every parish was much complained of, with
the subscription urged to the communion-book ; the censures
inflicted by lay chancellors ; and other more points, which
are to be seen in the conference imprinted. After some
three hours debating, they were commanded to meet again
in the same place the eighteenth of January, at which time
they should know his majesty's pleasure in these matters.

At the day the bishops, deans, and doctors of the arches
being first called, the archbishop presented certain notes of
explanation of the liturgy, which the king had commended
to the bishop's care ; and thereafter his majesty questioning
them touching the exercise of the high commission, the oath
ex officio, the censure of excommunication, and the matter of
subscription ; when as they had answered in all these points
to his majesty's content. Doctor Reynolds and the others
were desired to come into the chamber, and the foresaid
explanations read unto them, wherewith they professed to
be satisfied. The king upon this, expressing a great content-
ment with that which had passed among them, did seriously
exhort them to the preservation of unity, wiUing the bishops
to use their inferiors with all lenity, and take the fairest
ways for reclaiming those that were otherwise minded ; warn-
ing these others also to beware of obstinacy in their opinions,
and disobedience to the orders of the Church. " Obedience,"
said he, " and humility are the marks of good and honest men;
such I believe you to be, but it feareth me that many of your
sort are humorous, and too busy in the perverting of others.
The exceptions taken against the communion- book, as I per-
ceive, are matters of mere weakness, and they who are dis-

144 THE HISTORY OV THE [a. D. 1604,

creet will be gained with time, by gentle pei'suasions ; or if
they be undiscreet, better it is to remove them than to have
the Church troubled with their contentions. For the bishops
I will answer, that it is not their purpose presently and out
of hand to enforce obedience, but by fatherly admonitions
and conferences to induce such as are disaffected. But if
any be of an opposite and turbuleut spirit, I will have them
enforced to a conformity. Neither tell me, that the wearing
of a surplice or using the cross in baptism will diminish the
credit of ministers tlmt have formerly disallowed the same ;
for this is just the Scottish argument, when any thing was
concluded that sorted not with their humour, the only reason
why they would not obey was, that it stood not with their
credit to yield, having been so long of a contrary opinion.
I will none of that ; but let a time be limited by the bishops
of every diocese to such, and they that will not yield, who-
soever they are, let them be removed ; for we must not pre-
fer the credit of a few private men to the general peace of
the Church."

Throughout all this conference in every point that was
moved, or came to be talked of, the king did show such
knowledge and readiness, as bred not a small admiration in
the hearers. Chancellor Egerton, wondering to see him so
expedite and perfect in all sort of divinity, said, " That he
had often heard and read that Eex est mixta persona cum sacer-
dote ; but that he saw never the truth of it until that day."
Let me add that which I was afterwards told by Richard
Bancroft, archbishop of Canterbury, (for VVhitgift died the
next month after the conference, one of the great glories of
the English Church,) that when the rolls were brought in
of those that stood out and were deposed, which was some
years after, they were found to be forty-nine in all England,
whenas the ministers of that kingdom are reckoned nine
thousand and above. Such a noise will a few disturbers
cause in any society where they are tolerated !

In the March thereafter a parliament was kept in Eng-
land, where the king, after he had given thanks to the state
for the general applause tliey showed in receiving him to the
place which God by birthright and lineal descent had pro-
vided for him, did earnestly move the union of the two
kingdoms, that as they were made one in the head, so among

A. D. 1604.] CHURCH OF SCOTLAND. 145

themselves they might be inseparably conjoined, and all
memory of by-past divisions extinguished : a motion that
took Avell at first, and seemed to be generally desired of both
nations, but did not succeed as was wished. The parliament
always at his majesty's desire, and for a demonstration of
their obedience, did nominate Thomas lord EUesmere, lord
chancellor of England, Thomas earl of Dorset, treasurer,
Charles earl of Nottingham, lord high admiral, Henry earl of
Southampton, William earl of Pembroke, Henry earl of Nor-
thampton, Richard bishop of London, Toby bishop of Durham,
Anthony bishop of St Davids, Robert lord Cecil, principal
secretary to his majesty, Edward lord Zouch, lord president
of Wales, William lord Monteagle, Ralph lord Eure, Edmond
lord Shefiield, lord president of the council of the north, lords
of the higher house : and Thomas lord Clinton, Robert lord
Buckhurst, Sir Francis Hastings, knight. Sir John Stanhope,
knight, vice-chamberlain to the king's majesty. Sir George
Carew, knight, vice-chamberlain to the queen's majesty, Sir
John Herbert, knight, second secretary to his majesty, Sir
Thomas Sti'ickland, knight. Sir Edward Stafford, knight,
Sir Henry Neville of Berkshire, knight, Sir Richard Buckly,
knight. Sir Henry Billingsly, knight, Sir Daniel Dunn,
knight, dean of the arches, Sir Edward Hobby, knight. Sir
John Savile, knight. Sir Robert Wroth, knight, Sir Thomas
Challoner, knight, Sir Robert Mansell, knight. Sir Thomas
Ridgway, knight. Sir Thomas Holcroft, knight. Sir Thomas
Hasketh, knight, his majesty's attorney of the court of
wards and liveries. Sir Francis Bacon, knight. Sir Lawrence
Cawfield, knight, serjeant-at-law. Sir Henry Hubart, knight,
serjeant-at-law. Sir John Bennet, knight, doctor of the laws,
Sir Henry Witherington, Sir Ralph Gray, and Sir Thomas
Lake, knights, Robert Askwith, Thomas James, and Henry
Chapman, merchants, knights and burgesses of the house of
commons : " Giving them, or any eight or more of the said
lords of the higher house, and any twenty of the said knights
and burgesses of the said house of commons, full power, liberty,
and commission to assemble and meet, at any time or times be-
fore the next session of parhament, for treating and consulting
with certain selected commissioners, to be nominated and
authorized by authority of the parliament of the realm of
Scotland, of and concerning such an union of the said realms

VOL. III. 10

146 THE HISTORY OF THE [a. D. 1604.

of England and Scotland, and of and concerning such other
matters, causes and things whatsoever, as upon mature
deliberation and consideration the greatest part of the said
lords, knights, citizens, and burgesses, being assembled with
the commissioners to be nominated by the parliament of Scot-
land, shall in their wisdom think and deem convenient and
necessary for the honour of his majesty, and the weal and
common good of both the said realms, during his majesty's
life, and under all his progeny and royal posterity for ever :
which commissioners of both the said realms shall, according
to the tenor of their said commissions, reduce their doings
and proceedings into writings, or instruments tripartite, every
part to be subscribed and sealed by them, to the end that
one part thereof may in all humility be presented to his most
excellent majesty ; the second part to be offered to the con-
sideration of the next session of parliament for the realm of
England, and the third to be offered to the consideration of
the next parliament for the realm of Scotland ; that there-
upon such farther proceeding, may be had, as by both the
said parliaments shall be thought tit and necessary for the
weal and common good of both the said realms,"

A parliament in Scotland for the same purpose was indicted
to the tenth of April, and thereafter prorogated to the
eleventh of July ; at which time the lords spiritual and tem-
poral, assembled by virtue of his majesty's commission, did
ordain the persons following : they are to say, John earl of
Montrose, chancellor of Scotland, Francis earl of Erroll, high
constable of Scotland, James earl of Glencarne, Alexander
earl of Linlithgow, John archbishop of Glasgow, David
bishop of Ross, George bishop of Caithness, Walter prior of
Blantyre, Patrick lord Glammis, Alexander lord Elphing-
ston, Alexander lord Fy vie, president of the session of Scot-
land, Robert lord Roxburgh, James lord Abercorn, James
lord Balmerino, principal secretary of Scotland, David
lord of Scone, Sir James Scrimgeour of Dudop, knight. Sir
John Cockburn of Ormiston, knight. Sir John Home of
Cowdenknows, knight. Sir David Carnegie of Kinnaird,
knight, Sir Robert Melvill, elder of Murdocarnie, knight,
Sir Thomas Hamilton of Binnie, knight, Sir John Lermonth
of Balcony, knight, Sir Alexander Straiten of Lauriston,
knight, Sir John Skeen of Curryhill, knight, Mr John Sharp

A. D. 1604.] CHURCH OF SCOTLAND. 147

of Houston, law jer, Mr Thomas Craig, lawyer, Henry Nisbet,
George Bruce, Alexander Rutherford, and Mr Alexander
Wedderburn, merchants, or any twenty of them, " to assem-
ble and convene themselves, after the ending of the present
session of parliament, and before the next session thereof, at
such time and in such place as it should please his majesty to
appoint, with certain selected commissioners, nominated and
authorized by the parliament of England, according to the
tenor of their commissions in that behalf, to confer, treat, and
consult upon a perfect union of the realms of Scotland and
England, and concerning such other matters, things and
causes whatsoever, tending to his majesty's honour and con-
tentment, and to the weal and tranquillity of both the king-
doms, during his majesty's life and his royal posterity for
ever, as upon mature deliberation the greater part of the
said commissioners, assembled, as is aforesaid, with the com-
missioners authorized by the parliament of England, shall in
their wisdoms think most expedient and necessary, not dero-
gating from any fundamental laws, ancient privileges, and
rights, offices, dignities, and liberties of the kingdom." This
last clause was added because of the narrative of the English
act, wherein it was said, " that it was not his majesty's mind
to alter or innovate the fundamental laws, privileges, and
good customs of the kingdom of England ; by the abolishing
or alteration whereof it was impossible but that a present
confusion should fall upon the whole state and frame of that
kingdom." In all other things the statute in substance was
the same with the English.

Soon after this, the king resolving to have Westminster,
at London, the place of the meeting, letters were directed to
the noblemen and others nominated for Scotland, willing them
to address themselves to the journey, and to be ready to
meet with the other commissioners the twentieth of October ;
and lest any disorder should fall out in the absence of the
chancellor and others of the council, the Lord Newbottle
was appointed to attend and preside in council unto their
return.

The day and place of meeting was precisely observed by
the commissioners of both kingdoms, who after many days
conferences agreed unto certain articles to be presented to
his majesty and to the courts of parliament of both kingdoms,

148 THE HISTORY OF THE [a. D. 1604.

there to receive such strength and approbation as in their
wisdoms should seem expedient. The articles were as fol-
loweth : —

" It is agreed by the commissioners of England and Scot-
land, to be mutually proponed to the parliament of both
realms at the next sessions, that all hostile laws made and
conceived expressly, either by England against Scotland, or
Scotland against England, shall in the next sessions be abro-
gated and utterly extinguished.

" It is also agreed, that all laws, customs, and treaties of
the borders betwixt England and Scotland, shall be declared
by a general act to be abrogated and abolished, and that the
subjects on either part shall be governed by the laws and
statutes of the kingdoms where they dwell, and the name of
the borders extinguished.

" And because by abolishing the border laws and customs
it may be doubted that the executions shall cease upon those
sentences that have heretofore been given by the opposite
officers of those borders, upon wrongs committed before the
death of the late queen of happy memory, it is thought fit
that in case the commissioners or officers to be appointed by
his majesty, before the time of the next sessions of parlia-
ment, shall not procure sufficient redress of such filed bills
and sentences, that then the said pai'liaments may be moved
to take such order as to their wisdoms shall seem convenient,
for satisfaction of that which hath been decerned by some
officers ; as also how disorders and insolencies may be here-
after repressed, and the country which was lately of the borders
kept in peace and quietness in time to come. As hkewise to
prescribe some order, how the pursuits of former wrongs,
preceding the death of the late queen, and since the last
treaties of the borders in the years 1596 and 1597, which
have never as yet been moved, may be continued and prose-
cuted to a definitive sentence.

" And forasmuch as the next degree to the abolition of all
memory of hostility is the participation of mutual commodi-
ties and commerce, it is agreed, first, concerning impor-
tation of merchandise into either realm from foreign parts,
that whereas certain commodities are wholly prohibited by
the several laws of both realms to be brought into either of
them by the natives themselves or by any other, the said

A. D. 1604.] CHURCH OF SCOTLAND. 149

prohibitions shall now be made mutual to both, and neither
an Enghshman bring into Scotland, nor a Scotchman into
England, any of these prohibited wares and commodities :
nevertheless if the said commodities be made in Scotland, it
shall be lawful to bring- them out of Scotland to England ;
and so reciprocally of the commodities made in England, and
carried to Scotland.

" Whereas a doubt hath been conceived against the equal
communication of trade betwixt English and Scottish subjects
in matter of importation, grounded upon some inequality of
privileges which the Scots are supposed to have in foreign
parts, and namely in France, above the English, whereby
the English might be prejudged ; and that, after a very de-
liberate consideration had of the said supposed inequalities,
both private and public examination of divers merchants of
either side, touching all liberties, immunities, privileges, im-
posts, and payments on the part of the English, and on the
part of the Scottish, either at Bordeaux for their trade of
wines, or in Normandy, or any other part of France for other
commodities, it appeared that in the trade of Bordeaux there
was and is so little difference, in any advantage of privileges
or immunities, or in the imposts and payments, all being
reckoned and well weighed on either side, as it could not
justly hinder the communication of trade; in the trade of
Normandy likewise, or any other parts of France, the advan-
tage that the Scottish subjects by their privilege are acknow-
ledged to have is such, as without much difficulty may be
reconciled and reduced to an equality with the English, by
such means as is after declared ; it is agreed that the Scotch-
men shall be free for the transporting of wine from Bordeaux
into England, paying the same customs and duties that the
Englishmen do pay, and the Englishmen shall be likewise
free for transporting of Avine or other commodities from Bor-
deaux into Scotland, paying the same customs and duties
that the Scotchmen do pay there.

" And likewise for clearing and resolving the doubts
touching the advantage that the Scots are supposed to have
above the English, in buying and transporting the commodi-
ties of Normandy, and of other parts of the kingdom of France,
(excepting the buying of wine in Bordeaux, which is already
determined,) it is agreed that there shall be sent some meet

150 THE HISTORY OF THE [a. D. 1604.

and discreet persons into France, two for either side, there
to take perfect notice of any such advantage as either the
EngHsh have above the Scots, or the Scots above the Eng-
lish, in the buying and transporting of any commodities of
Normandy or any parts of France, (excepting the trade for
wine at Bordeaux,) and as the said persons shall find the ad-
vantage to be, so for making the trade equal, the customs
shall be advanced to the king in England and Scotland.
And for the part of those that have the advantage, and
according to the proportion of the said advantage, the ad-
vancement of the customs to continue no longer than the
privilege having such advantage shall continue ; and that
generally for all other trade from any parts, the English
and Scottish subjects, each in other's country, shall have
liberty of importation as freely as any of the native subjects
themselves having special privilege.

" Next concerning exportation, it is agreed that all such
goods as are prohibited and forbidden to Englishmen them-
selves to be transported forth of England to any foreign part,
the same shall be unlawful for any Scotchmen or any other
to transport to any foreign nation beyond sea, under the
same penalties and forfeitures that the English are subject
unto ; and reciprocally, that forth of Scotland no English-
men shall transport to any foreign part the goods or com-
modities that are prohibited in Scotland to Scotchmen
themselves. Nevertheless such goods, and commodities, and
merchandises as are licensed to Englishmen to transport out
of England to any foreign part, the same may be likewise
transported by Scotchmen thither, they certifying their
going into foreign parts, and taking a cocquet accordingly
and paying the ordinary custom that Englishmen do pay
themselves at the exporting of such wares : the like liberty
to be for Eno-lishmen in Scotland.

" As for the native commodities which either of the coun-
tries do yield, and may serve for the use and benefit of the
other, it is agreed that mutually there may be transported
forth of England to Scotland, and forth of Scotland to Eng-
land, all such wares as are either of the growth or handi-
work of either of the said realms, without payment of any
impost, custom, or exaction, and as freely in all respects as
any wares may be transported either in England from port

A. D. 1604.] CHURCH OF SCOTLAND. 151

to port, or in Scotland from port to port ; excepting such
particular sorts of goods and merchandises as are hereafter
mentioned, being restrained for the proper and inward use of
each country. And for that purpose it is declared, that both
in this communication of benefit and participation of the
native commodities of the one country -with the other, there
shall be specially reserved and excepted the sorts hereafter
specified : That is to say, wool, sheep, sheepfell, cattle,
leather, hides, and linen-yarn, which are specially restrained
within each country, not to be transported from the one to
the other ; excepting also and reserving to the Scotchmen
their trade of fishing within their lochs, firths, and bays
within land, and in the seas within fourteen miles of the coasts
of the realm of Scotland, where neither Englishmen nor any
strangers have used to fish ; and so reciprocally in the point
of fishing on the behalf of England. All which exceptions
and restrictions are not to be understood or meaned in any
sort for a mark or note of separation or disunion, but only as
matters of poUcy and conveniency for the several estate of
each country.

" Furthermore, it is agreed that all foreign wares to be
transported forth of Scotland to England, or out of England
to Scotland, by any of the king's subjects of either kingdom,
having at their first entry once paid custom in either of the
kingdoms, shall not pay outward custom therein afterwards,
save only inward custom at that port whereunto they shall
be transported : but the owner of the goods, or the factor or
master of the ship, shall give bond not to transport the same
into any foreign part.

" It is also agreed that Scotchmen shall not be debarred
from being associates unto any English company of merchants,
as merchant-venturers or others, upon such conditions as any
native Englishman may be admitted ; and so reciprocally
for Englishmen in Scotland.

•' It is nevertheless agreed by mutual consent, and so to
be understood, that the mutual liberty aforesaid of exporta-
tion and trade in each part from the one to the other, shall
serve for the inward use only of either realm ; and order
taken for restraining and prohibiting the transportation of the
said commodities into foreign parts, and for due punishment
of those that shall transgress in that behalf.

152 THE HISTORY OF THE [a, D. 1604.

" And for the better assurance and caution herein, it is
agreed that every merchant so offending shall forfeit his
whole goods; the ships wherein the said goods shall be
transported, confiscated ; the customers, searchers, and other
officers of the custom whatsoever, in case of consent or
knowledge on their part, to lose their offices and goods, and
their bodies to be imprisoned at his majesty's pleasure. Of
which escheats and forfeitures two parts shall appertain to his
majesty, if the customs be unfarmed, and the third to the
informer : and if the customs be farmed, one third of the
forfeiture sliall belong to his majesty, a third to the farmers
of the customs, and the other third to the informer. The
trial of the offence to be summary in either country in the
exchequer chamber by writ, sufficient witnesses, or oath of
party, or before the justice by jury or assize; and his
majesty's officers in either country to convene with the com-
plainers that have interest in the pursuit.

" As also for the more surety that there shall be no trans-
portation of such goods, it is agreed that at the shipping of
all such native commodities there be taken by the customer
of the port where the goods or wares are embarked, a bond
or obligation subscribed by the owner of the said goods, and
master of the ship ; by the owner, if he be present, and in
case of his absence, by the master of the ship, and factor or
party that ladeth the same ; which bond shall contain a sura
of money answerable to the value of the goods, with condition
of relieving the party obliged, and discharging him of the
said bond in case return be made of a due certificate to the
customer where the goods were laden, from any part within
England or Scotland: the certificate to be subscribed and
sealed by the officers of the customs of the port where the
said goods shall arrive, and be unladened ; or if there be no
such officers there, by the chief magistrate and town-clerk of
that harbour-town, under their hand and seal.

" It is farther agreed touching the indifferent shipping of
commodities either in English or Scotch bottoms, that Eng-
lishmen and Scotchmen freight and laden their goods each in
other's ships and bottoms indifferently, paying only English
and Scotch custom, notwithstanding any contrary laws or
prohibitions. And that a proposition be made to the parlia-
ment of England for establishing some good orders for

A, D. 1604.] CHURCH OF SCOTLAND. 153

upholding and maintaining the great fishing of England ; as
likewise that a proposition be made to the parliament of
Scotland for the making of their shipping more proportion-
able in burthen to the shipping of England, the better to
serve for equality of trade, and a common defence for the
whole isle.

" And because it is requisite that the mutual communica-
tion aforesaid be not only extended to matter of commerce,
but to all other benefits and privileges of natural born sub-
jects, it is agreed that an act be proponed to be passed in
manner following : That all the subjects of both realms born
since the decease of the late queen, and that shall be born
hereafter under the obedience of his majesty and of his royal
progeny, are by the common laws of both realms, and shall
be for ever enabled to obtain, succeed, inherit, and possess all
goods, lands and chattels, honours, dignities, offices, liberties,
privileges and benefices, ecclesiastical or civil, in parliament
and all other places of the said kingdoms, and every one of
the same, in all respects and without any exception whatso-
ever, as fully and amply as the subjects of either realm
respectively might have done, or may do in any sort within
the kingdom where they are born.

" Farther, whereas his majesty out of his great judgment
and providence hath not only professed in public and private
speech to his nobility and council of both, but hath also
vouchsafed to be contented that, for a more full satisfaction
and comfort of all his loving subjects, it may be comprised in
the said act, that his majesty meaneth not to confer any
office of the crown, any office of judicatory, place, voice, or
office in parliament of either kingdom upon the subjects of
the other, born before the decease of the late queen, until
time and conversation have increased and accomplished an
union of the said kingdoms, as well in the hearts of all the
people, and in the conformity of laws and policies in these
kingdoms, as in the knowledge and sufficiency of particular
men, who being untimely employed in such authorities could
no way be able, much less acceptable, to discharge such
duties belonging to them ; it is therefore resolved by us the
commissioners aforesaid, not only in regard of our desires
and endeavours to farther the speedy conclusion of this
happy work intended, but also as a testimony of our love

154 THE HISTORY OF THE [a. D. 1604.

and thankfulness to his majesty for his gracious promise, on
whose sincerity and benignity we build our full assurance,
even according to the inward sense and feeling of our own
loyal and hearty affections, to obey and please him in all
things worthy the subjects of so worthy a sovereign, that it
shall be desired of both the parliaments, to be enacted by
their authority, that all the subjects of both realms, born
before the decease of the late queen, may be enabled and
made capable to acquire, purchase, inherit, succeed, use, and
dispose of all lands, goods, inhei'itances, offices, honours,
dignities, liberties, privileges, immunities, benefices, and pre-
ferments whatsoever, each subject in either kingdom, with
the same freedom and as lawfully and peaceably as the very
natural and born subjects of either realm, where the said
rights, estates, or profits are established, notwithstanding
whatsoever law, statute, or former constitutions heretofore
in force to the contrary, other than to acquire, possess, suc-
ceed or inherit any office of the crown, office of judicatory,
or any voice, place, or office in parliament, all which shall
remain free from being claimed, held, or enjoyed by the sub-
jects of the one kingdom within the other, born before the
decease of the late queen, notwithstanding any words, sense,
or interpretation of the act, or any circumstance thereupon
depending, until there be such a perfect and full accomplish-
ment of the union as is desired mutually by both the realms.
In all which points of reservation, either in recital of the
words of his majesty's sacred promise, or in any clause or
sentence before specified, from enabling them to any of the
aforesaid places or dignities, it hath been and ever shall be
so far from the thoughts of any of us, to presume to alter or
impair his majesty's prerogative royal, (who contrariwise
do all with comfort and confidence depend herein upon the
gracious assurance which his majesty is pleased to give in
the declaration of his so just and princely care and favour to
all his people,) as for a farther laying open of our clear and
dutiful intentions towards his majesty in this and in all
things else which may concern his prerogative, we do also
herein profess and declare, that we think it fit there be
inserted in the act to be proponed and passed, in express
terms, a sufficient reservation of his majesty's prerogative
royal to denizate, enable, and prefer to such offices, honours,

A. D. 1604.] CHURCH OF SCOTLAND. 155

dignities, and benefices whatsoever in both the said king-
doms, and either of them, as are heretofore excepted in the
preceding reservation of all English and Scotch subjects born
before the decease of the late queen, as freely, sovereignly,
and absolutely, as any of his majesty's most noble progenitors
or predecessors, kings of England or Scotland, might have
done at any time heretofore, and to all other intents and
purposes in as ample manner as if no such act had ever been
thought of or mentioned.

" And forasmuch as the several jurisdictions and adminis-
trations of either realm may be abused by malefactors, for
their own impunity, if they shall commit any offence in the
one realm, and afterwards remove their person and abode
unto the other, it is agreed, that there may be some fit course
advised of, by the wisdoms of the parliaments, for trial and
proceeding against the persons of offenders remaining in the
one realm, for and concerning the crimes and faults com-
mitted in the other realm : And yet nevertheless that it may
be lawful for the justice of the realm where the fact is com-
mitted, to remand the offender remaining in the other realm
to be answerable unto justice in the same realm where the
fact was committed, and that, upon such remand made, the
offender shall be accordingly delivered, and all farther pro-
ceeding, if any be, in the other realm shall cease, so as it
may be done without prejudice to his majesty or other lords
in their escheats and forfeitures : With provision, neverthe-
less, that this be not thought necessary to be made for all
criminal offences, but in special cases only ; as namely, in the
cases of wilful murder, falsifying of moneys, and forging of
deeds, instruments, and writings, and such other like cases
as upon farther advice in the said parliaments may be
thought fit to be added."

These were the articles then agreed upon, which written
in their several scrolls of parchment were subscribed and
sealed at Westminster the sixth of December by the commis-
sioners of both parliaments, and one thereof presented the
same evening to his majesty by the earl of Sahsbury, who,
in name of the whole number there present, having showed
what pains they had taken in that business, and how after
many conferences they were grown to the resolution con-
tained in that scroll, besought his majesty to accept graci-

156 THE HISTORY OF THE [a. D. 1604.

ously that which was done, and made offer of their best ser-
vice in perfecting that work as they sliould be employed.

The king professing a great content did specially thank
them for reserving his prerogative in the preferment of men
to offices and honours, in either kingdom ; " for inequality,"
said he, " of liberties and privileges is not tbe way to effect
the union I desire ; capacity of offices ought to be equal to
both people, but the moderation of that equality must be
left to me ; neither need you to suspect that I will offer any
manner of grievance to either of the countries, or do any
thing that may kindle emulation among them, considering
the desire I have to see you united in a fast and indissoluble
amity." This said, he recommended the prosecution of that
business in the several parhaments to their fidelity and trust ;
wishing them to lay aside all jealousies, needless fears, and
other worse passions, in a matter that so nearly concerned
the good and benefit of both kingdoms.

Some months before, the king had assumed, by virtue of
his prerogative, the title of The Kixg of Great Britain,
commanding the same to be used from thenceforth in all pro-
clamations, missives, assurances, and treaties, and the names
of England and Scotland to be discontinued, except in instru-
ments of private parties, and where legality of process would
not admit the same. This, some in both kingdoms took ill ;
but his majesty, esteeming those names whereby they had
been called no better then names of hostility, would needs
have the ancient name of Britain received, and these of
Scotland and England abolished. In like manner he did
prohibit the name of the borders to be used, and ordained all
places of strength in those parts (the houses of noblemen and
barons excepted) to be demolished, their iron gates to be
turned into plough-irons, and the inhabitants to betake them-
selves to labour and the exercises of peace. For the same
purpose he did break the garrisons of Berwick and Carlisle.
And, in memory of the union so happily begun, made divers
pieces of gold and silver to be coined, upon some whereof
were engraven these inscriptions : Qace Deus conjunxit, nemo
separet ; and, Tueatur iinita Deus : on others, Faciam eo8
ingentem unam ; and, Henricus rosas, Regna Jacobus.^

' Jun.vit must bo here understood.

A. D. 1605.] CHURCH OF SCOTLAND. 157

During this conference the Lord Fyvie, president of the
session, suppUed tlie place of the Scotch chancellor, and was
shortly after preferred to the same office by the earl of
Montrose his dismission, who instead thereof was made
commissioner and deputy of Scotland during life. Secretary
Elphingston was chosen president of the session, and all
affairs trusted by his majesty to the chancellor and him ;
with a special direction, that they should be assisting to the
Church, and maintain those whom his majesty had preferred
to the places of bishops in the same. How they answered
the trust committed to them in this particular, we shall
hear.

But leaving the matter of State, let us now see how things
went at that time in the Church. The General Assembly,
that should have kept at Aberdeen in July 1604, was con-
tinued, because of the business of the union, to the same
month in the year following. The king being informed of a
great preparation that the ministers made for keeping that
meeting, and that they intended to call in question all the
conclusions taken in former Assemblies for the episcopal
government, directed the commissioners of the Church to
desert the diet, and make no indiction of another till he
should be advertised. They accordingly did intimate his
majesty's pleasure to all the presbyteries, and therewith, as
they were desired, declared that his majesty did purpose to
call a number of the bishops and disaffected ministers to
court, and, for preventing such a disordered meeting, hear
the differences that were among them debated in his own
person.

The greater part resolved to obey. Nine presbyteries
only of fifty (so many there are reckoned in the whole king-
dom) sent their commissioners to keep the meeting. The
chief leaders of this stir were Mr John Forbes, minister of
Alford, and Mr John Welch, minister at Ayr. These two
having encouragement given them in private by some princi-
pally in the state, used all means to bring the ministers to-
gether, and were in expectation of a frequent Assembly ;
yet, when the day appointed came, there convened thirteen
only, and after some two or three days seven or eight more.
The names of the ministers that convened were, Mr
Charles Farum, minister at Fraserburgh, Mr Robert Young-

158 THE HISTORY OF THE [a. D. 1605.

son, minister at Clat, Mr James Mill, minister at Inverury,
MrAIexanderStrachan, minister at Creich,Mr David Robert-
son, minister at Fetterangus, Mr Robert Rid, minister at ,
Mr James Irvine, minister at Toucli, Mr John Munro, sub-
dean of Ross, Mr William Forbes, minister at Kinbethock,
Mr William Davidson, minister at Ruthven, Mr Thomas
Abernethy, minister at Hawick, Mr James Greig, minister at
Loudon, Mr Nathaniel IngHs, minister at Craigie, Mr James
Ross and Mr Archibald Blackburn, ministers at Aberdeen,
Mr John Ross, minister at Blair, Mr John Sharp, minister at
Kilmany, Mr Andrew Duncan, minister at Crail, Mr Robert
Dury, minister at Anstruther, with the said Mr John Forbes
and Mr John Welch. Sir Alexander Straiton of Lauriston,
commissioner for his majesty in Church affairs, upon a
rumour he heard of a meeting to be kept, lest any imputa-
tion of negligence should be laid on him, prevented the same,
and by letters he had obtained from the secret council caused
discharge the Assembly at the market-cross of Aberdeen.
They nevertheless convened the next day, which being re-
ported to the commissioner, he went to the place, and in his
majesty's name commanded them to dissolve. They reply-
ing, " that they were warranted to meet by the laws of the
country, and that they could not betray the liberties of the
Church by giving way to such unlawful prohibitions," he
showed them " that the liberty granted for keeping Assem-
blies could not annul his majesty's power, nor denude him of his
prerogative in the continuing or discharging these meetings,
when he should find cause ; for even the parliament, which
is the highest court of the kingdom, said he, is disposed of as
the king thinketh meet ; at his pleasure it is called, pro-
rogued, dismissed, and deserted, as he judgeth most con-
venient : and you will not, I trust, equal your Assemblies to
the parliament of the three estates. Besides, you are not a
number ; you want the ordinary clerk ; neither is the modera-
tor of the last Assembly present, and can do nothing orderly."
After a little debating they request him to remove, till they
should deliberate among themselves what were best for them
to do ; but he was no sooner gone than they did choose Mr
John Forbes moderator, and that done, continued the Assem-
bly to the last Tuesday of September, thinking by this means
to preserve their liberty.

A. D, 1605.] CHURCH OF SCOTLAND. 159

Lauriston finding himself in this sort abused, caused exe-
cute the letters, and denounced them rebels. And, lest they
should make a new business in September, complained to the
council of the disobedience given to their charge. Order
was taken hereupon to summon them before the council, and
a beginning made with the two leaders of the rest, Mr
Forbes and Mr Welch being charged to a certain day of the
same month. They appeared, and standing to the defence
of that which they had done, were committed to the castle of
Blackness ; direction was likewise given for citing the rest
to the third of October.

At the day all compeared, and being charged for disobey-
ing his majesty's letter, thirteen of the number acknowledg-
ing their offence, and protesting that what they did was not
out of disobedience, entreated the lords to intercede with his
majesty for their pardon. The rest taking a contrary course,
and maintaining their proceedings, were committed to several
prisons. Their names were, Mr Charles Farum, Mr John
Munro, Mr James Irvine, Mr William Forbes, Mr Nathaniel
Inghs, Mr Andrew Duncan, Mr James Greig, and Mr John
Sharp. Some of these being sent to Dumbarton, others to
Blackness, and some to the castle of Doune, the others that
had confessed their offence were dimitted, and suffered to
return to their charges.

These proceedings of the council were openly condemned
by divers preachers ; and to make them more odious, it was
every where given out that the suppressing of Assemblies
and present discipline, with the introduction of the rites of
England, were the matters intended to be established ;
whereupon the declaration following was by his majesty's
command published : —

" Whereas we have ever since it pleased God to establish
us in the imperial crown of Great Britain equally regarded
the good of both kingdoms, now happily united in our royal
person in one monarchy, ever minding to maintain and con-
tinue the good and laudable customs and laws whereby each
of them hath been these many ages so worthily governed ;
nevertheless some malicious spirits, enemies to common tran-
quiUity, have laboured to possess the minds of our well-
affected subjects with an opinion that we do presently injtend

160 THE HISTORY OF THE [a. D. 1605.

a change of the authorized discipline of the Church, and by
a sudden and unseasonable laying on of the rites, ceremonies,
and whole ecclesiastical order estabUshed in this part of our
kingdom of Britain, to overturn the former government
received in these parts ; which none of our good subjects we
trust will be so credulous as to believe, knowing how careful
we have been to maintain both religion, and justice, and to
reform the evils that did in any sort prejudice the integrity
of either of the two, whereby justice hath attained under our
government to a greater perfection and splendour than in any
of our predecessors' times, and many abuses and corruptions
in the discipline of the Church amended, that otherwise
might have brought the purity of religion into extreme
danger, neither of which was done by our sovereign and
absolute authority (although we enjoy the same as freely as
any king or monarch of the world) ; but as the disease of the
civil body ever was cured by the advice of our three estates,
so were the defects of the Church by the help and counsel
of those that had greatest interest therein.

" And, however, in rule of policy we cannot but judge it
convenient that two estates so inseparably conjoined should
be drawn to as great conformity in all things as the good of
both may permit ; and that no monarchy either in civil or
ecclesiastical policy hath yet attained to that perfection that
it needs no reformation, or that infinite occasions may not
arise Avhereupon wise princes will foresee for the benefit of
their estates just cause of alteration ; yet are we, and have
ever been, resolved not to make any sudden and hasty
change in the government of that part of our kingdom either
civil or ecclesiastical, but with grave advice and consent of
our estates, and the wisest and best sort of them whom it
most properly concerns, much less to trouble them with an
unnecessary alteration of indifferent and ceremonial matters,
but to do it upon such foreseen advantages and prevention of
confusion and evil to come, as the greatest enemies of peace
and obedience to princes shall not obtrude any inconvenient
to the contrary. And as by God's holy assistance we have
drawn that part of our kingdom out of infinite troubles,
factions, and barbarities, reducing the utmost borders and
confines thereof to God's obedience and acknowledging of
our laws ; (a condition never heard of since this isle was

A. D. 1605.] CHURCH OF SCOTLAND. 161

first inhabited) ; so by the same divine providence and our
fatherly care over tlie whole island, we intend to transmit
the same in good order, happy quietness, and flourishing
policy, to the posterity wherewith God hath blessed us, and
after them to the Avorld's end. Likeas for the more verifi-
cation of this our honourable intention, and to stop the
mouths of those unquiet spirits, raisers of that false scandal
of alteration, we have appointed a General Assembly to be
holden at Dundee the last Tuesday of July, whereat we ex-
pect a reparation of these disorders in as far as belongeth to
their censure, and to be freed in time coming of all such
calumnies. Given at our honour of Hampton Court the
twenty-sixth of September 1605, and in the third year of
our reign of Great Britain, France, and Ireland."

The copies of this declaration were sent to the ministers
remaining in ward, that they might see the vanity of these
rumours, and be induced to acknowledge their offence ; but
they still continuing in their obstinacy, and showing no
tokens of peniteucy, were again called before the council the
twenty-fourth of October, to receive their censure for the
disobedience of his majesty's commandments. At which
time, being inquired what they had to say for themselves,
and how they could excuse the contempt of his majesty's
directions, after some speeches tending to justify their
doings, they presented in writing a deciai^ation formed in
this sort : —

" Please your Lordships, the approbation or disallowance of
a General Assembly hath been, and should be, a matter
spiritual, and always cognosced and judged by the Church
as judges competent within tliis realm : and seeing we are
called before your lordships to hear and see it found and
declared, that Ave have contemptuously and seditiously con-
vened and assembled ourselves in a General Assembly at
Aberdeen the first Tuesday of July last, and the said
Assembly to be declared unlawful, as at more length is
contained in the summons executed against us, We, in con-
sideration of the premises, and other reasons to be given by
us, have just cause to decline your lordships' judgment as no
way competent in the cause above specified, and by these
presents we simpliciter decline the same, seeing we are most
willing to submit ourselves to the trial of a General Assem-

VOL. III. 11

162 THE HISTORY OF THE [a. D. 1605.

h\y, that is the only judge competent. Subscribed with our
hands the twenty-fourth of October 1605."

The subscribers were, Mr John Forbes, Mr John Welch,
Mr John Monro, Mr Andrew Duncan, Mr Alexander
Strachan, Mr James Greig, Mr William Forbes, Mr
Nathaniel Inglis, Mr Charles Farum, Mr James Irvine,
Mr John Sharp, Mr Robert Dury, Mr John Ross, and Mr
Robert Youngson.

The last of these was one that had acknowledged his
offence, and craved pardon, yet at this diet compeared with
these others, professing, " That he was troubled in conscience
for the confession he had made, and that he would now take
part with the brethren who stood to the defence of the good
cause," as he termed it. The council repelling the declinator,
declared the Assembly to have been unlawful, and those that
met in the same, contrary to his majesty's command, punish-
able. But because they had added to their former fault the
crime of treason, it was thought meet to defer the censure
till the king should be acquainted therewith, and his pleasure
known.

No sooner was his majesty advertised of the declinator,
than direction was sent to the council for proceeding against
them according to the laws : whereupon the six that were
imprisoned in Blackness, they are to say, Mr John Forbes,
Mr John Welch, Mr Andrew Duncan, Mr John Sharp,
Mr Robert Dury, and Mr Alexander Strachan, were upon
the tenth of January thereafter brought to the town of
Linlithgow, and there presented upon pannel before the
justice, who was assisted by a number of noblemen and
others of the privy council.

The indictment made, which was grounded upon the
statute of parliament holden in May 1584, touching his
majesty's royal power over all estates, and the presumptuous
fact committed by them in declining the judgment of the
council, certain of their brethren did supphcate the justice
for license to confer with them apart, that they might per-
suade them to an humble submission and acknowledgment of
their offence. This obtained, they were most earnestly
dealt with (as well by their brethren as by the advocates
that came to plead for them) to rehnquish their wilfulness,
and not to exasperate the king by standing to the defence of

A. D, 1G05.] CIIUKCIl OF SCOTLAND. 163

their declinator ; but no persuasions could avail. So return-
ing to the bar they were desired to answer, and show a
reason (if any they had) why the matter should not pass to
the trial of a jury. The advocates that stayed with them
(for the two principals refused to plead because of their
obstinacy) excepting against the indictment, and saying, that
the statute 1592, whereby it was declared, " That the act
made against declining of the council's judgment should not
derogate any thing from the privileges which God had given
to the spiritual office-bearers in the Church, concerning heads
of religion, matters of heresy, excommunication, collation,
and deprivation of ministers, or any such essential censures,
having warrant of the word of God," they thereupon inferred
that their meeting at the time libelled in Aberdeen being an
essential censure warranted by God's word, they might
lawfully have declined the council's judgment from taking
cognition therein.

It was answered by his majesty's advocate, " That the
exception was naught, because the keeping of an Assembly
at a certain time and place, and the appointing of another
contrary to his majesty's direction and the charge of the
council, was neither a head of religion, nor matter of heresy,
nor excommunication, nor an essential censure ; and so being
no ways comprehended under that limitation, their declining
of the council, whenas they were called to answer for the
keeping of that conventicle in the town of Aberdeen, must of
necessity come under the generality of the statute 1584, and
bring them under the punishment of treason."

The matter after some dispute being put to trial of an
assize, all the six were found guilty of treason, and returned
to their several prisons, till his majesty's pleasure concerning
their punishment should be certified ; what this was, in the
story of the next year shall be declared. Meanwhile a pro-
clamation went out, " discharging all the subjects, of what
rank, place, calling, function, or condition soever, either in
public or private, to call in question his majesty's authority
royal, or the lawfulness of proceeding against the said
ministers, or to make any other construction of the statute
concerning the declining of his majesty's and the council's
judgment than was made in that decision of the justice ; with
certification to those that contravened, that they should be

164 THE HISTORY OF THE [a. D. 1605.

called and severely punished as seditious persons and wilful
contemners of his majesty's most just and lawful govern-
ment."

Before these stirs in the Church, a convention of the
estates was kept the sixth of June at Edinburgh, where a
letter was presented, sent by bis majesty to the estates full
of affection. The letter was to this effect: "That his
majesty's love being nothing diminished through his absence
towards that his native and ancient kingdom, he did wish
them to contend in a laudable emulation who should live
most virtuously, and be most obedient to the laws : that the
nobility should give assistance to the execution of justice,
and be in all things a good example to their inferiors ; the
barons should set themselves to procure the good of the
kingdom; and the burgesses apply their minds to the in-
crease of trade, especially the trade of fishing, which had
been long neglected, and to the working of cloth, that had
made their neighbour country so famous. To them all he
recommended the rooting forth of barbarity, the planting of
colonies in the Isles, and peopling the same with civil and
industrious persons ; assuring them that, they so behaving
themselves, their liberty should be as dear to him as either
his life or estate."

This was the substance of the letter, which the chancellor
having resumed, and thereunto added many persuasions for
the following of those wholesome and profitable counsels, the
estates did express a great forwardness that way, and after
a long deliberation condescended upon divers good acts,
which if they had been all carefully put in practice, as they
were wisely devised, the kingdom had long before this time
tried the benefit thereof. Amongst other directions, the
removing of the barbarous feuds was recommended to the
council, whereof they were desired to make a roll, and urge
the parties to reconcile ; and if they refused, then to assure
them to the peace, and commit them to ward till the same
was secured. And whereas the custom had been to cause
parties assure one another, the king did prohibit the same as
a thing dishonourable, and arguing too great presumption in
the subject, seeing the law should be to every man a suffi-
cient assurance. The council, reverencing his majesty's
direction, did ordaiu that course from thenceforth to be

A. D. 1605.] CHURCH OF SCOTLAND. 165

observed, and all assurances to be taken for the peace there-
after, and not of one party to another : beginning being
made with the Lord IMaxwell and the laird of Johnston,
they were moved to join hands and I'econcile in presence of
the council.

This summer the enterprise of the Lewis was again set on
foot by Robert Lumsdalc of Ardrie and Sir George Hay of
Netherliffe, to whom some of the first undertakers had
made over their right. In August they took journey thither,
and by the assistance of Mackey Mackenzie and Donald
Gorum forced the inhabitants to remove forth of the isle,
and give surety not to return.

Ardrie and his copartners thinking all made sure, and that
there was no more danger, returned south about Martinmas,
leaving some companies to maintain their possession ; which
they made good all that winter, though now and then they
were assaulted by the islesmen. In the spring Ardrie went
back, taking with him fresh provision, and fell to build and
manure the lands. But this continued not long ; for money
failing, the workmen went away, and the companies diminish-
ing daily, the natives having associated a number of isles-
men made a new invasion about the end of harvest, and by
continual incursions so outwearied the new possessors, as
they gave over the enterprise, and were contented for a
little sum of money to make away their rights to the laird
of Mackenzie. This turned to the ruin of divers of the
undertakers, who were exhausted in means before they took
the enterprise in hand, and had not the power which was
required in a business of that importance.

In the end of the year a horrible conspiracy was detected
against the king and whole body of the state of England.
The names of the conspirators were, Robert Catesby,
Thomas Percy, Thomas Winter, John Wright, and Guido
Faux, Englishmen all, and papists by profession. These
five meeting together, and consulting by what mean they
might best relieve the catholic cause (so they spake), Thomas
Percy proponed the kiUing of the king, and at his own peril
made off'er to perform the same. Catesby, who had another
plot in his head, answered, " That they would not hazard
him so ; and that albeit it should succeed, the case of the
catholic cause would be no better, the prince and duke of

16G THE HISTORY OF THE [a. D. 1605.

York being left alive ; yea, if both these were made away,
yet the councillors, nobility, judges, kuights, and a great
many others addicted to religion, would be remaining, who
should be able enough to restore the estate, and cross all
their purposes ; that therefore he had bethought himself of
a better and more safe way, which was at one time, and with
one blow, to cut off all their enemies. This (he said) was by
blowing up the parliament-house with gunpowder at the
time when the king and estates were assembled." The
advice pleased them all ; but first it was thought meet to ask
the opinion of their ghostly fathers, and be informed of the
lawfulness of the fact ; as of Henry Garnet, Oswold Tesmond
alias Grecnwcll, and John Gerard, Jesuits ; who being con-
sulted commended the enterprise, assuring them they might
go on with a good conscience and perform the deed, seeing
they were heretics, and persons ipso jure excommunicated
against whom they were set.

This resolution satisfying their consciences, for their greater
security they took an oath of secrecy, " swearing each to an-
other by the sacred Trinity and the blessed sacrament they
were at that time to receive, that neither directly nor in-
directly, by word or circumstances, they should discover the
purpose they had taken to any whomsoever, nor should they
desist from performing the same without license of their
associates." This oath was given upon a primer in the pre-
sence of Gerard the Jesuit; and having heard mass and
received the sacrament, Thomas Percy was appointed to
hire a house nigh adjoining to the parliament, for the more
safe and secret working of the mine.

This being obtained, yet with difficulty enough, they
entered to work, and after divers intermissions, because of
proroguing the parliament, when that they had brought the
mine to the midst of the wall, they found the opportunity of
a cellar under the parliament-house to be let, and leaving the
mine, for that the wall was hard to be digged through, they
hired the cellar, and put in it thirty-six barrels of powder, a
number of billets, faggots, and a great quantity of coals,
wherewith they covered the barrels. They had called in
Christopher Wright, Robert Winter, John Grant, and
Thomas Bates, Catesby's servant, and communicated the
matter to them. This last was much troubled at first with

A. D. 1605.] CHURCH OF SCOTLAND. 167

the cruelty of the plot, and had forsaken them, if he had not
been couiirraed and encouraged by Tesmond the Jesuit to
go on with the rest. After these Ambrose Rockwood and
Robert Keyes were made of the counsel, all taking the oath
of secrecy, and receiving the sacrament upon the same. And
because the charge in buying powder, billets, and hiring of
houses had been a burden heavy for Thomas Percy, it was
thought meet to bring in some more ; whereupon Sir Everard
Digby and Mr Francis Tresham were assumed.

All things being now, as they judged, made sure, they
began to think what course was fittest to take after the deed
was performed. The first doubt they made was touching
the prince and surprise of his person ; or if he should accom-
pany his father to the parliament, how they might seize upon
the duke of York his brother. But this Percy undertook
to do by reason of his acquaintance in the house, into which
he could enter without suspicion, and how soon the blow was
given carry him away by the help of such as he should have
in a readiness to assist. Of the Lady EUzabeth they made
small question, for that she was kept in the country by the
Lady Harrington near to Ashby, Catesby's dwelling-house.

The next doubt they proponed was, where they should
have money and horses : and for this Digby made offer of
fifteen hundred pounds English, Tresham two thousand, and
Percy promised to bring all he could gather of Northumber-
land's rents, which he thought would extend to four thousand
pounds, and to provide ten horses for his part. Neither
doubted they but, having the heir-apparent in their hands,
they should find means sufl&cient.

A third question they made, what lords they should save
from going to the parliament ; which they agreed to be as
many catholics as conveniently they might.

Fourthly, it was moved among them what foreign princes
they should acquaint with the purpose, and whose aid they
should seek. Concerning which it was agreed, that none of
them should be made privy to the plot, seeing they could
not enjom seci*ecy to princes; and for aid, after the deed
performed, there would be time enough to entreat the same
either of Spain or France, or the country of Flanders.

Lastly, because they saw no way to assure the duke of
York Ms person, (for Percy his undertaking they held un-

168 THE HISTORY OF THE [a. D. 1605.

sure), they resolved to serve their turn with the Lady Eliza-
beth, and to proclaim her queen ; to which purpose they had
a proclamation formed, wherein no mention was made of
altering religion, because they had not forces sufficient, and
till they might make good their party, they would not avow
the deed to bo theirs, but lay it so far as they could upon
the Puritans.

Now there remained nothing, all dangers being foreseen,
and every thing provided, but the last act of the intended
tragedy to be performed, whenas that which was so secretly
hatched came to be discovered after a wonderful manner.
The Lord Monteagle, son and heir to the Lord Morley,
being in his lodging at seven of the clock at night, had a
letter given him by one of his footmen, who received the
same upon the street from a person unknown, with a charge
to put it in his master's hand. The tenor whereof was as
foUoweth : —

" My Lord,
Out of the love I bear to some of your friends, I have a care
of your preservation; therefore would I advise you, as you
tender your life, to devise some excuse to shift off your
attendance at this parliament ; for God and man have con-
curred to punish the wickedness of this time. Think not
slightly of this advertisement, but retire yourself into your
country, where you may expect the event in safety : for
though there be no appearance of any stir, yet I say they
shall receive a terrible blow in this parliament, and shall not
see who hurteth them. This counsel is not to be contemned,
because it may do you good, and can do you no harm ; for
the danger is passed as soon as you have burnt the letter ;
and I hope God will give you the grace to make good use of
it, to whose holy protection I commit you."

It was some ten days only before the parliament that
Monteagle received this letter, and but twelve hours before
the meeting of the estates that the plot was found out.
Where it is a sort of wonder to think that so many being
made privy to the conspiracy, the same should not have
burst out one way or other in so long a time ; for it was the
eleventh of December 1604 when they began to work at the

I

A. D. 1605.] CHURCH OF SCOTLAND. 169

mine, and so the space of a year and more the conspiracy
went concealed. Some advertisements were sent to the
king and divers of his majesty's council from heyond sea,
" That the papists were preparing to present a petition for
toleration of religion at the meeting of the parliament, which
should he so well backed as the king would be loth to refuse
it." But these advertisements were contemned, and thought
to be invented for putting the king in fear.

Yea, and the nobleman, when he received the letter, not
knowing what construction to make thereof, doubted much
that it had been a device to scare him from attending the
parliament. Not the less out of his care of the king's pre-
servation, he resolved to communicate the same with the earl
of Salisbury, his majesty's principal secretary, and going the
same night to Whitehall, delivered the letter to him. The
secretary acquainting the chamberlain, admiral, and some
others of the council therewith, aud examining every line
thereof, resolved to show the same to the king at his return,
(for he was then at hunting at Royston), and not to search far-
ther in the matter till they should hear what was his judg-
ment.

The king returning to London the Thursday after, which
was Allhallows evening, the letter was showed him the next
day in the afternoon ; who having read the same once or
twice, said, " That it was not to be contemned, and that the
style seemed more quick and pithy than is usual in libels,
pasquils, and the like." The secretary perceiving the king
to apprehend the matter more deeply than he expected, told
him " that the letter seemed to be written by a fool or mad-
man; and pointing at the passage, 'the danger is past as
soon as you have burnt the letter,' said, that the warning
was to Httle purpose, if the burning of the letter might make
the danger eschewed."

But the king willed him to consider the former sentence,
wherein it was said that " they should receive a terrible blow
at the parliament, and not see who did hurt them," and when
he should join that with the other, he should find it to be
sudden danger, as the blowing up by powder, that was there-
by meant. Therefore willed all the rooms in the parliament-
house to be searched, both above and below, to prevent the
danger, if any there was.

170 THE HISTORY OF THE [a. D. 1605.

This belonging to the chamberlaiu his office, he was desired
to make the search, and for staying idle rumours, to delay
his going to INIonday in the afternoon, the day before the
first session of parliament. At which time the chamberlain
taking with him the Lord Montcagle, Avho was careful to see
what the warning given would prove, went and viewed all
the rooms, where he perceived in the vault imder the upper
house great store of fagots, billets, and coal ; and asking
the keeper of the guardrobe named Whinyard, to what
use he had put those low cellars, (for they appertained to
him,) he answered, that Thomas Percy had hired the house
and cellar, and the billets and coal were the gentleman's pro-
vision for Avinter. The chamberlain casting his eye aside,
and espying a fellow in the corner of the vault, asked who
he was, and received answer that he was Percy's man, who
kept the house for his master.

Thus having looked upon all things in a careless manner
as it appeared, he returned to the king, and made report of
that he had seen, which increased his majesty's first appre-
hension ; and thereupon was order given for turning up those
billets and coals even to the bottom. If nothing should bo
found, it was devised, that Whinyard should pretend the
stealing of some of the king's stuft' which he had in keeping,
and that made the colour pf the search. Sir Thomas Knevet,
gentleman of his majesty's privy chamber and justice of
peace within Westminster, being appointed for this business,
went thither Avith some few in company about midnight, and
finding a man standing without doors in his clothes and boots,
caused him to be apprehended. This was Guido Faux,
whose hand should have fired the train, and gave himself
out for Percy's man. Thereafter entering into the house
he made the coals and billots to be turned up, under whicli
they found thirty-six barrels of powder more or less. Then
turning to the fellow they had apprehended, and questioning
him touching the powder, he did instantly confess, swearing,
" That if he had been within the house when they took him,
he should have blown them up with the. house and all,"

Sir Thomas taking the man along went immediately to the
palace, and showed the chamberlain and secretary how he
had sped. They making themselves ready, and warning the
councillors that lay Avithin the palace, Avcnt all together to

A. D. 1605.] CHURCH OF SCOTLAND. 171

liis majesty's bed-chamber. The king awake, the chamber-
lain, not able to conceal his joy, cried aloud, that the treason
was discovered, and the traitor in hands. Then command
was given to call the council to examine the prisoner touch-
ing his partakers. He, nothing dejected nor moved a whit
with so honourable a presence, did boldly avow the fact,
repenting only that he had failed in the execution, and say-
ing, " The devil envying the success of so good a work had
discovered the same." All that day nothing could be drawn
from him touching his complices, taking all the blame upon
himself, and professing he had done it for religion and con-
science' sake. Speaking of the king, he denied him to be his
sovereign, or anointed of God, in regard he was a heretic,
and that it was no sin to cut him off. This was his behaviour
at first ; but being conveyed to the Tower, and the rack pre-
sented, he laid open the whole conspiracy, and confessed the
truth.

There were in the city at the time Catesby, Percy,
Thomas Winter, Francis Tresham, and the younger Wright,
who hearing that all was disclosed made away to the country,
appointing to meet the next morning at Dunchurch in War-
wickshire, Digby's lodging. John Grant, with some recusants
that he had associated to himself, had broke up the same
night a stable of Benoch, a rider of great horses, and carried
away seven or eight belonging to certain noblemen of the
country ; for he did think the conspiracy had taken effect,
and was preparing to surprise the Lady Elizabeth, whose
residence was not far from the place. But within a few
houi's Catesby, Percy, and the others that were fled from
London, bringing assurance that all was failed, they resolved
upon a public rebellion, and pretending the quarrel of reli-
gion, labom'ed to draw some companies together ; yet when
they had gathered all their forces, they did not exceed four-
score in all.

Sir Fulk Grevill, lieutenant-deputy of Warwickshire,
hearing of the riot that Grant had committed, and appre-
hending it to be the beginning of a rebellion, sent to adver-
tise the towns about, and warned them to be on their guard.
The sheriffs of the county convening, the people likewise in
arms, pursued them from shire to shire. Sir Richard Walsh,
the sheriff of Worcester, having tried where they had taken

I

172 THE HISTORY OF THE [a. D. 1605.

harbonr, sent a trumpet and messenger to command them to
render unto him in his majesty's name, promising to intercede
for their hves. But they, hearing their fault to be unpardon-
able, returned answer, that he had need of better assistants
than the numbers that accompanied him, before he could
either command or compel them. The sheriff, provoked by
this arrogant answer, prepared to assail the house ; and they
making for defence, it happened that a spark of fire falling
among some powder, which they were drying, did kindle and
blow up the same, wherewith their hands, faces, and sides
were so scorched and burnt, as they lost courage, and
opening the gate exposed themselves to the people's fury.
Catesby, Percy, and Thomas Winter, joining backs, and
resolving rather to die than to be taken, the two first were
killed with one shot, and the other after some wounds made
prisoner; the two Wrights were killed, Rockwood, Grant,
Digby, and Bates were taken. Tresham had stayed at
London, and changing his lodging thought to lurk till he
should find occasion to escape by sea, but was in end found
out ; so were Robert Winter and one Littleton, and all of
them committed to the Tower of London.

Being examined, Thomas Winter ingenuously confessed
all, setting down the particulars under his hand, and acknow-
ledging the offence to be greater than could be forgiven.
Digby excused the crime by the despair they were driven
unto, having hopes given them at the king's first coming to
the crown, that the catholics should have the exercise of
their religion permitted, which being denied they had taken
those wicked courses. Tresham in his confession named
Garnet the Jesuit as privy to the conspiracy ; but after-
wards by his wife's instigation did deny it, affirming that he
had wronged him, and not seen him once these last sixteen
years. Yet Garnet being apprehended some months after,
confessed that they met divers times within the last half-year.
Tresham died in the prison ; the rest were put to the trial of
a jury, and condemned. Digby, Grant, Robert Winter, and
Thomas Bates were executed at the western gate of St Paul's
in the end of January ; Thomas Winter, Ambrose Rockwood,
Robert Keyes, and Guide Faux, who had wrought at the
mine, suffered in like sort in the court nigh to the parliament-
house.

A. D. 1605.] CHURCH OF SCOTLAND. 173

This was the end of that conspiracy, the like whereof in
no man's memory hath been heard. We have heard of
kings treacherously killed, of practices against estates and
commonwealths ; but such a monster of conspiracies (as
Thuanus calls it) no country nor age did ever produce. The
king, queen, with their posterity, the nobility, clergy, judges,
barons, knights, gentry, and in a manner the whole kingdom
to be in one moment all destroyed, was a wickedness beyond
all expression ; but, blessed be God, this monster, which
was long in breeding, in the very birth was choked and
smothered.

The king, giving order for the meeting of the parliament
the same day that the conspiracy was discovered, made a
long speech to the estates, wherein having aggravated the
danger by many circumstances, and greatly magnified the
mercies of God in the discovery, when ho came to speak of
the trial and punishment, was observed to keep a marvellous
temper in his discourse, wishing no innocent person either
foreign or domestic should receive blame or harm thereby.
" For, however," said he, " the blind superstition of their errors
in religion hath been the only motive of this desperate
attempt, it must not be thought that all who profess the
Roman religion are guilty of the same ; for as it is true (I
keep his majesty's own words) that no other sect of heretics
(not excepting Turk, Jew, or Pagan, nay not those of Cali-
cut that adore the devil) did ever maintain by the grounds
of their religion, that it was lawful and meritorious to murder
princes or people for the quarrel of rehgion, yet it is as true
on the other side, that many honest men, blinded peradven-
ture with some opinions of popery, as if they be not found in
questions of real presence, the number of the sacraments, and
some such school questions, do either not know, or not
believe at least, all the true grounds of popery, which is
indeed the mystery of iniquity : and therefore do we justly
confess that many papists, especially our forefathers, laying
their only trust upon Christ and his merits, may be saved ;
detesting in that point, and thinking the cruelty of the Puritans
worthy of fire, that will admit no salvation to any papists."
And so concluding that part of his discourse, said, " As upon
the one part many honest men, seduced with some errors of
popery, may yet remain good and faithful subjects ; so upon

174 THE HISTORY OF THE [a. D. 1606.

the other part, none of those that truly know and bcheve the
whole grounds of poper j, can prove either good Christians or
faithful subjects." The speech is to be seen amongst his
majesty's works, and is worthy the reading, for the wise
directions given in that business.

The news of this conspiracy were speedily advertised to
the council of Scotland, and a command given for a public
thanksgiving in all the churches for his majesty's deliverance ;
but the cause was left to every man's conjecture, albeit the
advertisement did bear expressly, that tlio contrivers were
papists, and their only quarrel religion. This being told to
the king, and that one of the privy-councillors had said,
"that the conspiracy proceeded of a mere discontent the
people had conceived at his majesty's government," he was
mightily oiFended, and from that time forth held his affection
to his service continually suspected.

Information was made at the same time, that some of the
ministers imprisoned , at Blackness did blame the chancellor
for their meeting at Aberdeen, offering "that they had
warrant from him to meet, and his promise that they should
incur no danger for the same." The king, to understand
the truth thereof, directed his servant Sir William Irvine to
inquire of the imprisoned ministers what dealing they had
with the chancellor in that business. Their answer was,
" That a little before their meeting at Aberdeen, Mr John
Forbes and Mr John Welch had sought his advice touching
their convening ; and that he asking them what they intended
to do, they had answered, that fearing the establishment of
bishops, they were to do their best for withstanding the
same ; and that he to encourage them did promise all the
assistance he could give that way, which they took to be an
allowance of their meeting." A letter hereupon was directed
to certain of the council to call the ministers, and if they
stood to their saying, to hear what the chancellor would
answer. They maintaining that which they had said, and
the chancellor called to his answer, affirmed that he was en-
treated by them to oppose the restitution of bishops' tempo-
ralities, which then was in working, promising that he should
not be questioned for his religion, which they understood to
be popish. This denied by the ministers, they fell in a
sharp contest ; which continued some space with words not

A. I>. 1606.] CHURCH OF SCOTLAND. 175

very seemly on cither part. The ministers, for clearing his
approbation of their Assembly, did farther allege that he had
uttered so much to Mr Walter Balcanquel and Mr James
Balfour, ministers at Edinburgh ; who being examined touch-
ing their knowledge, Mr Walter Balcanquel did affirm,
" that the chancellor in private to himself had commended
them for maintaining the liberty of the Church, which was
not a little prejudiced, as he said, by the continuation of
Assemblies from year to year." The same he was said to
have spoken to Mr James Balfour ; but he excused Jiimself
by forgetfulness, saying he did not remember any such
speeches. This report made to the king, he said, " That
none of the two deserved credit ; and that he saw the minis-
ters would betray religion rather than submit themselves to
government ; and that the chancellor would betray the king
for the malice he carried to the bishops."

By this contest always the chancellor was made more
tractable in the restitution of the bishops' temporalities, which
he had strongly resisted unto that time ; and in the parlia-
ment kept at Perth in the beginning of July showed a great
desire to promove the same. This parliament had been
indicted to keep at Edinburgli in June preceding, and the
earl of Dunbar employed to see all matters carried therein
to his majesty's mind. The chancellor (whether out of emu-
lation to show his greatness, or that he feared some affront
by the earl of Dunbar) went on the streets accompanied with
the burgesses in great numbers, who, otherwise than was
their custom, did walk with their swords. Dunbar taking
this in ill part, yet dissembling his offence, caused adjourn
the parliament to the first of July, and therewith presented
a warrant for removing the same to the town of Perth,
Avhich, coming unlocked for, made the burgesses forthink
their doing.

At Perth, the very first day it happened the Lord Seaton
and Alexander his brother to encounter the earl of Glen-
carne, in the Bridgegate, where, drawing their weapons
against each other, a great tumult was raised, which con-
tinued a certain space, and disturbed the council that as then
was sitting. The Lord Seaton being tried to have invaded
the other, which he did for revenge of his uncle's slaughter,
he was cited before the council for troubling the parliament ;

176 THE HISTORY OF THE [a. D. 1606.

but leaving the town lie went home, and for his not appear-
ing was denounced rebel. It was held an ominous beginning,
and gave many to think that matters would not succeed
well ; but the earl of Dunbar did so wisely and with so great
care prevent every thing that was like to breed trouble, as
all things were carried from that time forth in a most peace-
able sort.

There were attending in the town a number of ministers,
labouring all they could secretly to make some perturbation.
The earl calling them to his lodging did rebuke them sharply,
saying, " That it seemed strange to him, that they who had
so often petitioned to have the act of annexation dissolved,
should go about to hinder the same, now when the king was
to do it in part, specially considering there was nothing to
be moved in prejudice of their discipline. And that for re-
moving the differences that were amongst them in that point,
his majesty had resolved, as they knew by the letters some
of them had received, to call the most learned and discreet
of both sides before himself, and have matters composed so
far as might be to their content. More fitting, he said, it
were for you, to whom his majesty hath addressed his letters,
to have been preparing yourselves for the journey. And I
should advise you, for your own good and the peace of the
Church, not to irritate the king any more, but rather study
by your peaceable behaviour to procure favour to your
brethren that are in trouble." With these speeches he did
quiet them, and so the parliament went on, and after some
few days ended in great peace.

In this parhament divers good constitutions were made.
But the two principal were the acts of his majesty's prero-
gative, and the act intituled, " The restitution of the estate
of bishops ; " which title giveth many to mistake the truth of
things, and think that before this time the estate of bishops
was overthrown and cast down, whereas the same was never
so much as intended. Only by this act the temporalities of
bishoprics, which by the act of annexation were made to
belong to the crown, were restored, in regard it was seen that
the bishops were disabled to attend their service in the church
and state by the want thereof.

Soon after the parliament dissolved, such of the clergy as
his majesty had called to court went thither. Of the one

A. D. 1606.] CHURCH OF SCOTLAND. 177

side were the archbishops of St Andrews and Glasgow, the
bishops of Orkney, Galloway, and Mr James Nicholson who
was destinated bishop of Dunkcld ; on the other part were
Mr Andrew Melvill, Mr Jaraes Melvill, Mr James Bal-
four, Mr William Watson, Mr William Scot, Mr John
Carmichael, and Mr Adam Colt. All these arriving at
London about the beginning of September, had warning
given them to attend the twentieth of that month at Hamp-
ton Court.

The king had appointed some of the bishops of England
to attend during that conference, and preach by course upon
the subjects prescribed to them. Doctor Barlow, bishop of
Ely, began, taking for his text the 28th verse of the twentieth
chapter of the Acts, whereby he took occasion to prove out
of the Scriptures and fathers the superiority of bishops above
presbyters, and to show the inconveniences of parity in the
Church, with the confusion arisiug from the same. Dr
Buckridge, bishop of Rochester, took for his text the precept
of the apostle, omnis anima, &c, Rom. xiii. 1, where falling
to speak of the king's supremacy iu causes ecclesiastical, he
did handle that point both soundly and learnedly, to the
satisfaction of all the hearers ; only it grieved the Scotch
minister to hear the pope and presbytery so often equalled
in their opposition to sovereign princes. Dr Andrews,
bishop of Chichester, followed, who choosed for his text the
first verses of the tenth chapter of Numbers, confirming
thereby the power of kings in convocating synods and coun-
cils. The fourth was Dr King, bishop of London : he took
for his theme the 11th verse of the eighth chapter of the Can-
ticles, and thereupon discoursing of the office of presbyters,
did prove " lay-elders to have no place nor office in the
Church, and the late device to be without all warrant of
precept or example, either in Scripture or in antiquity." This
course his majesty took, as conceiving that some of the min-
isters should be moved by force of reason to quit ■ their
opinions, and give , place to the truth : but that seldom
happeneth, especially where the mind is prepossessed with
prejudice either against person or matter.

The first audience was in the privy-chamber at Hampton,
the twenty-second of September; at which, besides the
bishops and ministers from Scotland, were present the earls

VOL. HI. 12

178 THE HISTORY OF THE [a. D. 1606.

of Dunbar, Argyle, Glencarnc, Sir Thomas Hamilton, advo-
cate, and Sir Alexander Straiten of Lauriston : of the Eng-
lish, Dr Montague, dean of the chapel, was only admitted to
stay. There the king, declaring the purpose for which he
had called them, spake a few words to this effect : " That
having left the Church of Scotland in peace at his parting
forth of it, he did now hear of great disturbances in the same ;
whereof he desired to understand the true cause, and to have
their advice how the same might best be removed. This being,"
said he, "the errand in general for which I have called you,
I should be glad to hear your opinions touching that meeting
at Aberdeen, where an handful of ministers, in contempt of
my authority, and against the discharge given them, did
assemble ; and though they were neither a sufficient number,
nor the accustomed order kept, they would take upon them
to call it a General Assembly, and have since proudly main-
tained it, by declining my council, and such other means as
they pleased to use. The rather I would hear your minds,
because, I am informed that divers ministers do justify that
meeting, and in their public preachings commend these
brethren as persons distressed, which in effect is to proclaim
me a tyrant and persecutor."

Mr James Melvill answering ^rst, said, "That there was
no such discharge given to those ministers that met at Aber-
deen as was alleged, adjuring Sir Alexander Straiton, who
was said to have given this charge, to declare in his majesty's
presence how that matter was carried. As to the absence of
moderator and clerk, he said that none of those were es-
sential parts of an Assembly ; and that the moderator
absenting liimself of purpose, and the clerk refusing to serve,
the brethren convened might lawfully create others in their
places; so as these ministers having warrant to convene
from the word of God, and from his majesty's laws, as also
coming thither by direction of their presbyteries, he could
not in his conscience condemn them."

" Well then," said the king, " I shall desire you to answer
me three things that I will ask. First, If it be lawful to
pray publicly for persons convicted by the sentence of a
lawful judge as persons being in distress and afflicted. 2d,
Whether I may nut, being a Christian king, by my authority
royal, convocate, and prorogue, and desert, for just and neces-

A. D. 1606.] CHURCH of Scotland. 179

sary causes known to myself, any assemblies or meetings within
my dominions, od, Whether or not may I, by my authority,
call and convene before me and my council whatsoever per-
son or j>crsons, civil or ecclesiastical, for whatsoever offences
committed by them in whatsoever place within my dominions;
and if I may not take cognition of the offence, and give sen-
tence therein. And farther, Whether or not are all my
subjects, being cited to answer before me and my council,
obliged to compear, and acknowledge me or them for judges
in these offences ? "

Mr James answering, said, " that the questions were
weighty, and craved a great deliberation; wherefore he
would humbly entreat his majesty to grant them a time to
confer and advise together, that they might all give one
du'ect answer." This desire granted, they were commanded
to advise and meet together that night, and be ready to answer
the next day. At this meeting the earls of Salisbury and Nor-
thampton, with divers of the English clergy, were present.
The ministers, desiring to have the meeting more private
requested the earl of Dunbar to move the king therein, and
that none but Scotchmen should be present ; fearing (as they
said) " that some unseemly words might escape them." But
this was denied, and they warned to speak Avith that respect
which became subjects. It was believed that the king should
have begun with the questions proponed in the former meet-
ing ; but his majesty, taking another course, required them
to declare one by one their judgments touching Aberdeen
Assembly. The bishops (being first asked) did all condemn
the meeting as turbulent, factious, and unlawful.

Mr Andrew Melvill then being inquired made answer,
" That he could not condemn the Assembly, being a private
man ; that he came into England upon his majesty's letter,
without any commission from the Church of Scotland ; and
though he had commission, indicia causa, and not hearing
what they could say for themselves, he would not give his
judgment. Sentence, he said, was given against them in a
justice-court; how justly, he did remit that to the great
Judge ; but for himself he would say as our Saviour did in
another case, Qids me constituit judicem ? "

Mr James Balfour being next asked, " did pray his
majesty not to press him with any answer, for that he knew

180 THE HISTORY OF THE [a. D. 1606.

nothing would be well taken that proceeded from his mouth,
and that Mr Andrew had answered to his mind sufficiently."

Mr James Mclvill, without giving a direct answer, began
to tell, " that since his coming to London he had received
divers letters, and with them a petition that should have
been presented to the late parliament in behalf of the warded
ministers, which he was desired to offer unto his majesty,
and, as he thought, the petition would make all their minds
known."

The king taking the petition and falling to read the
same, willed the advocate to go on and receive the answer
of the rest. And as the advocate was questioning Mr
William Scot, and urging him with a distinct answer, (for
he used many circumlocutions, according to his custom,) Mr
Andrew Melvill in a great passion said, " that he followed
the instructions of Mr John Hamilton his uncle, who had
poisoned the north with his papistry, and that he was now
become xarriyo^og rZv dbsX(pojv, Northampton asking what he
meant by that speech; the king said, "he calleth him the
mickle devil : " and then, folding up the petition, said, " I see
you are all set for maintaining that base conventicle of
Aberdeen. But what answers have you to give to the
questions I moved ? " It was answered, that " they had
conferred together, and finding them to concern the whole
Church, they would not by their particular voices prejudge
the same," But you will not, I trust, said the king, " call
my authority in question, and subject the determination of
the same to your Assemblies ? " " This they said was far
from their thoughts ; but if his majesty should be pleased to
set down in writing what he required, they should labour to
give him satisfaction,"

Thus were they dismissed for that time, and being the
next day called before the Scottish council, (for after this
they were no more admitted to his majesty's presence,) they
were inquired whether they had in their public prayers
remembered the warded ministers as persons afflicted, and
sufferers for the o-ood cause. Some of them confessed that
they had prayed for them as persons in trouble and distress ;
others, that they had commended them to God, but remem-
bered not in what words.

The twentieth of October they were again brought before

A. D. 1606.] CHURCH OF SCOTLAND. 181

the Scotch council, and had the three questions delivered to
them in writing, which they were commanded to answer
severally : meanwhile they were discharged to return into
Scotland without his majesty's license, and prohibited to
come towards the queen and prince's court. The bishops
and others of the clergy that assisted them were permitted
to return.

The conference breaking up in this sort, and matters made
worse rather than better, his majesty's pleasure concerning
the warded ministers, which to this time had been delayed,
was signified by two several letters to the council and justice.
The letter to the justice Avas as followeth : '* Whereas in our
justice-court liolden at Linlithgow the tenth of January last,
Mr John Forbes, minister of Alford, Mr John Welch, min-
ister at Ayr, Mr Robert Dury, minister at Anstruther, Mr
Andrew Duncan, minister at Crail, Mr Alexander Strachan,
minister at Creich, and Mr John Sharp, minister at Kilmeny,
were convicted of the crime of treason, for their contemptu-
ous and treasonable declining the judgment of us and the
lords our secret council, by a declinator subscribed with their
hands and presented in judgment before the said lords ; and
that the pronunciation of the doom was upon grave and
weighty respects continued till our pleasure was declared :
we now, considering the great insolency committed by them,
and how dangerous the example of such a fact may prove if
it should go unpunished, specially since we, out of our accus-
tomed lenity, have given to these declared traitors more
than sufficient time to have acknowledged their offence, and
made suit for our pardon, and that yet nothing hath appeared
in them but an obdured obstinacy, without any token of
resipiscence ; albeit the greatness of the offence in men of
their function, whose actions should be patterns of duty and
obedience to others, hath demerited most justly the extremity
of punishment appointed by law, yet, according to our wonted
clemency, being willhig to dispense with the rigour of law at
this time, and not to inflict the punishment of death upon
them, our will and pleasure is, that you affix a justice-court
at Linhtbgow, or any other place our council shall appoint,
the twenty-third of October, and there cause doom of banish-
ment forth of our dominions during their natural lives to be
pronounced against the said traitors : after which you shall

182 THE HISTORY OF THE [a. D. 1606.

return tliem to their wards, there to remain for the space of
a month, till they have made their preparations to depart ;
before the expiring whereof, if they do not depart, wind and
weather serving, or being departed shall return unto our
dominions without our license, the ordinary death usually
inflicted upon traitors shall be executed upon them. And
because this our clemency extended towards these above
named may perhaps move others to think,. that for trespasses
of this quality no greater rigour will hereafter be used ; to
remove all such conceits, and that notice may bo talcen of
our full determination in the like case, you shall in open
coiu't make intimation to all our lieges, ' that if any hereafter
shall offend in such an high trespass, they shall be punished
with all severity, and the death due unto traitors be inflicted
upon them with all rigour, the example of this our present
lenity notwithstanding ; ' and this it is our will you cause to
be recorded in your books of adjournal, and publication made
thereof at the market-cross of Edinburgh, and all other
places needful."

By the letter directed to the council, Mr Charles Farum
was ordained to be confined in the Isle of Bute, jNIr John
Munro in Kintyre, Mr Robert Youngson in the Isle of
Arran, Mr James Irvine in Orkney, Mr William Forbes
in Zetland, Mr James Greig in Caithness, Mr Nathaniel
Inglis in Sutherland, and Mr John Ross in Lewis.

The justice, as he was commanded, did keep his court at
Linlithgow, and pronounced the sentence and doom in the
manner prescribed. Messengers were also directed to charge
the other ministers to enter into the parts appointed for their
confining, and not to exceed the same without license, under
pain of death. After which a proclamation was made inhibit-
ino" all ministers to recommend either in their sermons or
prayers the persons so sentenced.

And lest the Jesuits, seminary priests, and others of their
faction, should presume of any qvcrsight to be given to them
because of these proceedings against the seditious ministers,
they were in like sort commanded by proclamation to depart
forth of the realm, and all the subjects inhibited to reset or
entertain them, under the pain of his majesty's displeasure.

Mr Andrew Melvill, that could not be idle, and was stiU
speaking against the orders of the English church, having

A. D. 1606.] CHURCH OF SCOTLAND. 183

dispersed some bitter and scornful verses against the rites
used in his majesty's chapel, which were brought to the king
by one of the chaplains, was called before the council of
England, and charged with the injuring of the state and
church : where, instead of acknowledging his offence, he
behaved himself insolently, and more hke a madman than
divine, for which he was committed in the Tower of London.
There he remained three years and more, and afterwards,
upon the duke of Bulleine his request, was sent to Sedan,
where he lived in no great respect, and contracting the gout
lay almost bedfast to his death.

AVhilst I am writing this, there cometh to my mind the
hard and uncharitable dealing that he and his faction used
towards Patrick, some time archbishop of St Andrews, who
not content to have persecuted that worthy man in his life,
made him a long time after his death the subject of their
sermons, interpreting the miseries whereunto he was brought
to be the judgment of God inflicted upon him for withstand-
ing their courses of discipline. If now one should take the
like liberty, and say, that God, to whom the bishop at his
dying did commend his cause, had taken a revenge of him
who was the chief instrument of his trouble, it might be as
probably spoken, and with some more likelihood, than that
which they blasted forth against the dead bishop. But away
with such rash and bold conceits ; the love of God either to
causes or persons is not to be measured by these external
and outward accidents.

But leaving this, the king being very desirous to have the
Church quieted, and a solid and constant order established
for preventing the like offences, did call a General Assembly
to meet at Linhthgow the tenth of December ; and, for the
better ordering of business, directed the earl of Dunbar to
attend the meeting. At the day many convened, both mini-
sters and others. Of ministers there were reckoned one
hundred thirty-six ; of noblemen, barons, and others, thirty
and three. Mr James Nicholson elected to preside, the earl
of Dunbar presented a letter from his majesty to this effect :
" That it was not unknown what pains he had taken, whilst
he lived amongst them, as well to root out popery as to settle
a good and perfect order in the Church ; and that notwith-
standing of his care bestowed that way, he had been con-

184 THE HISTORY OF THE [a. D. 1G06.

tinually vexed by the jealousies of some perverse ministers,
who, traducing his best actions, gave out amongst the people,
that all he went about was to thrall the hbcrty of the gospel.
Neither content thus to have wronged him, they had in his
absence factiously banded themselves against such of their
brethren as had given their concurrence to the furtherance
of his majesty's just intentions : upon the knowledge whereof
he did lately call the most calm and moderate, as he esteemed,
of both sides unto his court, thinking to have pacified matters,
and removed the divisions arisen in the Church ; but matters
not succeeding as he wished, he had taken purpose to con-
vene them, for setting down such rules as he hoped should
prevent the like troubles in after-times, which he had in-
trusted to his commissioner the earl of Dunbar ; wiUing them
to consider what Avas most fitting for the peace of the Church,
and to apply themselves to the obedience of his directions, as
they did expect his favour."

After the reading of the letter the overture was presented,
conceived in this form : " Tliat his majesty, apprehending
.the greatest cause of the misgovernment of Church aff'airs to
be that the same are often, and almost ordinarily, committed
to such as for lack of wisdom and experience are no way able
to keep things in a good frame ; for remedying this incon-
venient, tlunketh meet that presently there be nominated in
every presbytery one of the most grave, godly, and of
greatest authority and experience, to have the care of the
presbytery where he remaineth, till the present jars and
fire of dissension which is among the ministry, and daily
increaseth, to the hinderancc of the gospel, be quenched and
taken away ; and the noblemen professing papistry within
the kingdom be either reduced to the profession of the truth,
or then repressed by justice and a due execution of the laws ;
and for encouragement of the said moderators, and the en-
abling them to the attendance of the Church affairs, his
majesty is graciously pleased to allow every one of them one
hundred pounds Scots, or two hundred marks, according to
the quality of their charge ; but where the bishops are
resident, his majesty will have them to moderate and preside
in these meetings. As likewise because it often fallcth out
that matters cannot be decided in presbyteries, by reason of
the difticulties that arise, and that the custom is to remit the

A. D. IGOG.] CHURCH OF SCOTLAND. 185

decision thereof to the synod of the diocese, it is his majesty's
advice, that the moderation of these Assembhes be committed
to the bishops, who shall be burthened with the delation of
papists, and solicitation of justice against those that will not
be brought to obedience, in respect his majesty hath bestowed
on them places, and means to bear out the charges and
burthens of difficil and dangerous actions, which other min-
isters cannot so well sustain and undergo."

This overture, seeming to import a great alteration in the
discipline, was not well accepted of divers ; but his majesty's
commissioner having declared that it was so far from the
king's purpose to make any change in the present discipline,
as he did not long for any thing more than to have it rightly
settled, and all those eyehsts removed which had given him
so just occasion of discontent, they desired a time to deli-
berate, and that a number of the most wise and learned
might be selected to confer thereupon, and report their
opinions to the Assembly.

The brethren named upon this conference having debated
every point at length, and considered the inconveniences that
might arise by the change, especially the usurpation that was
feared these constant moderators should make upon their
brethren, resolved that the overture proponed was not to be
refused, so as certain cautions were added, which were con-
descended unto, in manner following : —

1. That the moderators of presbyteries and provincial As-
semblies should not presume to do any thing of themselves,
without the advice and consent of their brethren.

2. That they should use no farther jurisdiction nor power
than moderators have been in use of by the constitutions
of the Church.

3. If it should happen the moderators to be absent at any
time from these meetings, it should be in the power of
synods and presbyteries to nominate another for moderat-
ing in their absence.

4. When the place of a moderator in any presbytery should
be void, the election of one to succeed should be made by
the whole synod with consent of his majesty's commis-
sioner.

5. If any of the moderators should depart this life betwixt

186 THE HISTORY OF THE [a. D. IGOC.

Assemblies, it should bo lawful to the presbyteries to
noraiuatc one of the most grave and worthy of their
number for the place, unto the meeting of the next synod.

6. That the moderators of the presbyteries should be subject
to the trial and censure of the synod ; and in case they be
found remiss in the discharge of their duties, or to have
usurped any farther power over the brethren than is given
them by the Assembly, the same should be a cause of
deprivation from their office of moderation, and they de-
prived therefore by the said synods.

7. In like manner the moderator of the provincial Assembly
should bo tried and censured by the General Assembly ;
and in case he was found remiss, or to have usurped any
farther power than the simple place of a moderator, he
should be deprived therefore by the General Assen:ibly.

8. That the moderators of every presbytery and synod with
their scribes should be astricted to be present at the
General Assembly, and be reputed members thereof, they
bringing with them the registers of the acts and proceed-
ings in their meetings to be seen, that so their diligence
and fidelity in their charges might bo known.

9. That it should be lawful to each presbytery to send two
or three commissioners to the General Assembly, by and
besides the moderator and scribe, if they should think it
expedient. '

10. That the moderator of the General Assembly should be
chosen by the voices of the whole Assembly, lites being
first made and proponed, as in times passed.

11. That in the synods where there is not a bishop actually
resident, the like lite should be made of the moderators of
the presbyteries within these bounds, and one of them
elected to moderate the same Assembly, so as his majesty's
commissioners give their advice thereunto.

And, lastly, That the rolls of moderators in every presbytery
should be examined, to see if there was any other of the
number more fit to use the said office; and that they
whom this present Assembly should nominate, should bo
commanded to accept the said moderation upon them with-
out making any shift or excuse.

These cautions being read in the full Assembly, were

A. D. IGOG.] CHURCH OF SCOTLAND. 187

approved of all, and the overture thereafter put to voices
was allowed, and the same enacted as a conclusion of the
whole Assembly, four only of the whole number disassenting ;
other four refusing to vote because they had.no commission,
as they pretended, from their presbyteries, and two answer-
ing, non liquet. This conclusion taken, the rolls of presby-
teries were called, and none found more sufficient than they
who did presently moderate these meetings ; whereupon an
ordinance was made, that they should continue in their
charges, and not be altered, unless the synod did make
another choice.

This business ended, a great complaint was made of the
insolency of papists, chiefly in the north parts, and of the
superstitions used at the burials of the Lord Ogilvy and
laird of Gight, who had deceased a few months before. The
marquis of Huntly being also returned lately from court,
had given out that he brought a warrant from his majesty to
stay all ecclesiastical proceedings against him, his lady, and
family : by which reports those of the Roman profession
were not a little encouraged, and were become open contem-
ners of the censures of tlie Church.

These complaints being greatly taken to heart by the
whole Assembly, it was concluded that a petition should be
preferred to his majesty in all their names, for confining the
marquis of Huntly, the earls of Angus and Erroll, with their
ladies, in some cities and towns where they might, by the
hearing of the word and conference with learned men, be
reduced from their errors, at least kept from doing harm,
and from the perverting of others. To present this petition
and the act of constant moderators, choice was made of Mr
James Law, bishop of Orkney, and he despatched to court ;
which done, the Assembly brake up and dissolved with the
good satisfaction of all.

Nor was it long before the king's answer returned in these
particulars : and first, concerning the marquis of Huntly, his
majesty declared, " That he had obtained no warrant for
impeding the Church disciphne, neither against himself or
any of his family ; and that only (because he aflirmed that
he had kept all the injunctions prescribed, except that he
had not communicated) the council was desired after trial of
his obedience in the rest of the particulars enjoined, to com-

188 THE HISTORY OF THE [a. D. 1606.

mand the presbyteries of the north to stay their proceedings
against him for his not communicating ; concerning which
point he had certified the marquis, that howsoever some
space was granted to him for his better resolution, if he did
persist in his errors, and would not be reclaimed, he would
make no other reckoning of him than of one that studied to
make himself the head of a ftiction, and rather root him out
than nourish him in his follies by a preposterous toleration,"

As to the confining of him and the other noblemen in the
cities and places set down in the Assembly's petition, " His
majesty did think it too rigorous, unless they were tried to
have committed some offence deserving the same. Where-
fore he would have them called before the council, the
bishop of the diocese, moderator of the presbytery, and the
minister of the parish being present, and inquired concerning
their behaviour, and wliether they did resort or not ordi-
narily to sermon ; wherein if they should be tried to have
transgressed, his pleasure was they should be confined within
so many miles compass as are distant betwixt the houses of
their residence and the city wherein it was desired they
should be confined, to the end they may repair to their
houses when the necessity of their business requireth, and at
other times resort to the city or town designed for their
instruction, where they should be tied to stay ten days
together, and during their stay hear sermons, admit confer-
ence, and forbear the company of Jesuits, seminar}^ priests,
and others of that profession. And if it should happen them
to have any business in council or session, that license should
be granted unto them for repairing thither during a certain
space, providing they did resort to the Church, and gave no
scandal by their behaviour."

For the superstitious rites used at the burial of the Lord
Ogilvy and Gight, his majesty's pleasure was, " That their
sons should be called before the council and committed ; but
no sentence should be given till the whole circumstances
were tried and notified to him."

As touching the conclusion taken for the constant modera-
tors, " His majesty did thank the Assembly for their travails :
but whereas they were of opinion that the act should be
universally received, (for so much the Assembly had written,)
he said, that he knew them too well to expect any such

A. D. 1007.] CHURCH OF SCOTLAND. 189

thing at their hands. Their conscientious zeal to maintain
parity, and a desire to keep all things in a continual volu-
bility, he said, was such as they would never agree to a
settled form of government. Besides, he knew that divers
of these who were nominated to the places of moderation
would refuse to accept the same, lest they should be thought
to affect superiority above their brethren. That therefore
he would have the council to look to that business, and direct
charges as well for those that were nominated to accept the
moderation as to the ministers of every presbytery to
acknowledge them that were nominated."

The event justified his majesty's opinion, for all the next
year there was no matter that so troubled the council as that
of the constant moderators. The synod of Perth, convening
in March thereafter, did, in direct opposition of the act con-
cluded at LinUthgow, inhibit all the presbyteries within their
bounds to acknowledge the conclusion taken in that meeting,
and discharged Mr Alexander Lindsay, parson of Simme-
dosei, who was nominated by the Assembly moderator of
Perth, to exercise the said office, under pain of the censures
of the Church. The synod, being cited before the council
for this presumption, was discharged to meet thereafter, and
the presbyteries within these bounds commanded under pain
of rebellion to accept their moderators.

In Fife the resistance was no less ; for the synod being
continued twice, first from April to June, then from June to
September, meeting at that time in Dysart, and pressed by
the Lords Lindsay, Scone, and Halyrudhouse, commissioners
from the council, to accept the archbishop of St Andrews for
their moderator, did obstinately refuse, and dissolved without
doing any thing. Hereupon was that synod likewise dis-
charged, and all the burghs inhibited to receive them, if per-
haps they should reassemble after the commissioners were
gone. The presbyteries of Mersc were also very trouble-
some, and the council so vexed with complaints of that kind,
as not a day passed without some one or other. But all this
opposition proved vain, and they in end forced to obey, did
find by experience this settled course much better than their
ch'cular elections.

A commission came in this mean time for planting some
' St Madocs.

190 THE HISTORY OF THE [a. D. 1G07.

learned and worthy person in the place of Mv Andrew Mel-
vill at St Andrews. The commission was directed to the
archbishop of St Andrews, the bishops of Dunkeld, Ross,
and Brechin, the Lord Balmerino. the advocate, the laird
of Balcomie, and commissar of St Andrews ; who meeting in
the new college, the sixteenth of June, after the reading of
his majesty's letter, (whereby it was declared, that the said
Mr Andrew being judged by the council of England to have
trespassed in the highest sort against his majesty, and for
the same committed to the Tower till he should receive his
just punishment, was no more to return to that charge,) they,
according to the power given them, did proceed and make
choice of Mr Robert Howie to be provost of the said college,
ordaining him to be invested in the said office with all the
immunities and privileges accustomed; which was accord-
ingly performed in the July thereafter, and he entered to
his charge the twenty-seventh of that month.

It remained that some course should be taken with the
ministers that were staying at London, who, as it was once
purposed, were to be provided with some livings in England ;
but that Church not liking to entertain such guests, they
were all permitted to return home, upon their promise to
live obedient and peaceable. Mr James Mclvill was only
retained, who, living a while confined at Newcastle, was after
some months licensed to come to Berwick, where he deceased.
A man of good learning, sober, and modest ; but so addicted
to the courses of Mr Andrew Melvill, his uncle, as by
following him he lost the king's favour, which once he en-
joyed in a good measure, and so made himself and his labours
unprofitable to the Church.

Now let us see what happened in the kingdom during this
time. The king was ever seriously commending to the
council the removing of the barbarous feuds wherewith he
had been so greatly troubled, divers whereof by their ti'avails
were this year agreed ; yet new occasions daily arising, they
were kept in a continual business. David Lindsay, younger
of Edzell, seeking to revenge the slaughter of his uncle iNIr
Walter Lindsay, whom David, master of Crawford had killed,
as he lay in wait of the said master (who was then by the
decease of his father succeeded in the earldom), through a
pitiful mistake did invade Alexander, lord Spynie, and killed

A. D. 1608.] CHURCH OF SCOTLAND. 191

him instead of the other. The nobleman's death was much
regretted for the many good parts he had, and the hopes his
friends conceived that he should have raised again that noble
and ancient house of Crawford to the former splendour and
dignity, all which perished with him. He that was in place
and escaped the peril, being a base unworthy prodigal, and
the undoer of all that by the virtue of his ancestors had been
long kept together.

Another business no less troublesome did also then happen
betwixt the carl of Morton and the Lord Maxwell, for the
holding of courts in Eskdale, unto which both did pretend
right. The preparation on both sides was great, and like to
have caused much unquietncss, if the same had not been
carefully prevented. Both parties being charged by the
council to dissolve their forces, and not to come towards the
boimds, the earl of Morton obeyed ; Maxwell, contemning
the charge, went on, and wdthal, by a cartel, did appeal
Morton to the combat ; whereupon he was committed in the
castle of Edinburgh, and after some two months' stay made
an escape. No sooner found he himself at liberty, than he
fell a-plotting the laird of Johnston's murder, which he
wrought in a most treacherous manner ; for, pretending to
use his friendship in obtaining his majesty's pardon, he em-
ployed Sir Robert Maxwell of Orchardtown, whose sister
Johnston had married, to draw on a meeting betwixt them,
as he did, at a little hill called Aclmanhill. They did bring
each of them one servant only, as was agreed, the said Sir
Robert being present as a friend to both. At meeting, after
they had courteously saluted one another, and conferred a
little space very friendly, the two servants going aside, the
one called Charles IMaxwell, a brother of Kirkhouse, the
other William Johnston of Lockerby, Charles, falleth in
quarrelhng the other, shooteth a pistol at him ; the lahd of
Johnston making to part them, the Lord Maxwell shooteth
him in the back with two bullets, whereupon he falleth, and
for a while keeping off the Lord Maxwell, who made to
strike him with his sword, expired in the place. It was the
sixth of April in the year 1608 that this happened. The
fact was detested by all honest men, and the gentleman's
misfortune sore lamented ; for he was a man full of wisdom
and courage, and every way well iuchned, and to have been

192 THE IIISTOHY OF THE [a. D. 1608.

by his too much confidence in this soi't treacherously cut off,
was a thing most pitiful. Maxwell, ashamed of that he had
done, forsook the country, and had his estate forfeited.
Some years after, stealing cjuietly into the kingdom, he was
apprehended in the country of Caithness, and beheaded at
Edinburgh the twenty-first of May 1613.

The purpose of civilizing the Isles was this year again
renewed, and a long treaty kept with the marquis of Huntly
thereupon ; but that breaking off by reason of the small duty
he did offer for the north Isles, the earl of Argyle was made
lieutenant thereof for the space of six months, in which time
it was hoped that some good should be wrought, and the
people reduced to good manners ; yet nothing was done to
any purpose, the great men of those parts studying only the
increase of their own grandeur, and striving whose command
should be greatest.

In the parliament of England that held in the November
preceding, the matter of the union received many crossings,
and of all the articles condescended among the commissioners
only that was enacted which concerned the abolishing of
hostile laws. The king grieved at this exceedingly, and
conceiving that the work should more easily be effected if a
beginning was made in Scotland, did call a parhament in
August, which was kept by Lodowick, duke of Lennox, as
commissioner for his majesty, the earl of Montrose being
then deceased. The estates, to satisfy the king's desire, did
alloAv all the articles concluded in the treaty, with a pro-
vision, " that the same should be in like manner ratified by
the parhament of England, otherwise the conclusions taken
should not have the strength of a law." It was also declared,
" that if the union should happen to take effect, the kingdom
notwithstanding should remain an absolute and free monarchy,
and the fundamental laws receive no alteration." But the
parliament of England either disliking the union, as fearing
some prejudice by it to their estate, or upon some other
hidden cause, did touch no more the business ; and so that
good Avork, tending to the advantage of both kingdoms, was
left off and quite deserted.

In the Church a new trouble was moved by the revolt
that Iluntly and the two earls Angus and ErroU made;
divers especially in the north parts falling away by their

I

A. D. ]G08.] CHURCH of Scotland, 193

example. This being represented to the king, he gave order
for calling an Assembly, which convened at Linlithgow in the
end of July. Therein the earls of Dunbar, Winton, and
Lothian sat commissioners for the king. The bishop of
Orkney, elected to preside, having showed the occasion of
the present meeting to be the growth and increase of papists
in all the quarters of the kingdom, it was tliought meet to
take up the names of those that made open profession of
popery, as likewise of those that were suspected to fiivour
the course, that their number and forces being known, the
remedies might be the better advised and provided.

The number was found to be very great, chiefly in the
north, and the marquis of Huntly delated by all as the only
cause of the defection in those bounds. He being cited to
appear before the Assembly under the pain of excommunica-
tion, and neither compeiring nor sending any excuse, was
ordained to be excommunicated, and the sentence accordingly
pronounced in the hearing of the whole Assembly. This
was appointed to be intimated in all the churches, and no
absolution given upon whatsoever offers, in regard of his
manifold apostasies, without the advice of the general
Church. The like course was concluded to be kept with
Angus, Erroll, and the Lord Sempill, how soon the processes
intended ajrainst them were brought to an end.

This done, the Assembly began to rip up the causes of the
defection more narrowly ; which they found to proceed from
the ministers in a part, their negligence in teaching and
catechising of people, the too sudden admission of young
men into the ministry, and the distraction of minds among
those that arc admitted.

For remedy whereof it was ordained as followeth : —

First, That they should apply themselves to the exercise
of their function Avith greater diligence than they were
accustomed, and take a special care of young children, to see
them instructed in the Belief, the Lord's Prayer, and Ten
Commandments, whereof they should examine every child at
the age of six years, and yearly inquire of their profiting
and increase in knowledge.

2. That some longer time should be prescribed for the
admission of men to the ministry, and the exceptions, con-

VOL. III. 13

194 THE IliSTOUY OF THE [a. D. 1G08.

tained in tlic act of the age of ministers to bo admitted,
reserved to the cognition of tlie General Assembly.

3. That they should use a greater diligence in the pro-
cessing of papists, and that none out of corrupt favour should
grant them any oversight under the pain of deposition.

4. That all who carried office in the Church should be
careful to eschew offences, and endeavour to keep love and
peace among themselves.

5. And for the present distractions in tlie Church, seeing
the same did arise partly from a diversity of opinions touch-
ing the external government of the Church, and partly from
divided affections, the last of these two being the most
dangerous, as not suffering the brethren to unite themselves
against the common enemy, they were all in the fear of God
exhorted to lay down wliatsoevcr grudge or rancour they
had conceived, and to be reconciled in heart and affection
one to another ; which all that were present did faithfully
promise, by the holding up their hands.

But the fault not being in the ministers alone, and seen to
proceed from other causes also ; as from the oversight of
Jesuits and priests, and their entertainment in the country ;
the preferment of men to public offices that were suspected
in rehgion ; the fiivour showed to papists by them in places
of chief authority ; mass priests admitted without his majes-
ty's warrant, and no security taken for their not returning ;
licenses granted to noblemen's sons for going abroad, and
their education trusted to men of contrary profession ; advo-
cations to the council of matters properly belonging to the
ecclesiastical judicatories, and the lack of preachers in many
parts of the land ; it was concluded that certain petitions
should be formed and presented to his majest}' by some
selected commissioners for remedying these evils, which were
formed in this manner : —

First, That an humble supplication should be made by the
whole Assembly, enti'eating his majesty not to permit any
papist or suspected of popery to bear charge in council,
session, or in any burgh or city ; and where his majesty did
know any such to occupy these places, humbly to crave that
order mijrht be taken for their removinor.

A. D. 1608.] CHURCH OF SCOTLAND. 105

2. That the laws made against papists should receive
execution, and no favour be granted unto them by the officers
of state ; with a prohibition to the council to meddle in affairs
ecclesiastical, or to discharge the processes led by ministers
against papists and other contemners of Church discipline.

3. That papists abjuring their rehgion, in hope of prefer-
ment to offices of state, should not be admitted thereto till
they had given five years' probation at least.

4. That the sons of noblemen professing popery should be
committed to the custody of such of their friends as are sound
in religion.

5. That a commission should be granted to every bishop
within his diocese, and to such well-affected noblemen, barons,
and gentlemen as the commissioners of the Assembly should
nominate, for apprehending Jesuits, seminary priests, excom-
municated papists, and traffickers against religion.

6. That the searchers of ships sliould seize upon all books
tliat are brought unto the country, and present them to
the ministers of the town where the ships shall happen to
arrive.

7. That excommunicated papists be put in close prison,
and none have access unto them but such as are known to be
of sound religion.

8. That the deputies of excommunicates be not suffered to
enjoy any office under them, and that some others be ap-
pointed by his majesty to serve in their places.

9. Finally, that his majesty should be humbly entreated
to plant the unprovided churches, especially the churches of
the chapel royal, with competent stipends.

The commissioners chosen to present these petitions were,
the archbishop of Glasgow, the earl of Wigton, the Lord
Kilsyth, Mr William Couper, minister at Perth, and James
Nisbit, burgess of Edinburgh. Together with the petitions,
they received a letter from the Assembly conceived in these
terms : —

" Having convened in this General Assembly by your
majesty's favourable license and permission, and shadowed
under your majesty's wings with the presence of your
majesty's commissioners, we did set ourselves principally

196 THE mSTOUY OF THE [a. d. 1608.

to consider the cause of the late growth of papists among us,
and found by a universal complaint the chief cause to be
this, that where the Church in these parts was accustomed to
be nourished by your majesty's fatherly affection, as the
most kind parent of piety and religion, we have been left in
the hands of unkind stepfathers, vrho esteeming us an un-
couth birth to them have entreated us hardly, and cherished
our adversaries by all means they could, as your majesty's
highness will perceive more clearly by the overtures for
remedy, which in all humble submission wc present to your
majesty by these honourable commissioners and brethren,
humbly entreating your majesty to take compassion upon
us, your majesty's loving children in this land, that we may
be taken out of the hands of these who are more ready to
deliver the heads of the king's sons to Jehu, if the time were
answerable to their wishes, than to nourish and bring them
up to perfection,

" There is no cause. Sire, why the apostates who have lately
grown up in this land should be feared, whatever they be in
estate or number ; for Avith them are the golden calves,
which God will destroy ; with them is Dagon, whose second
fall shall be worse than the first : but with your majesty is
the Lord your God to fight for you, and under your standard
are the best of the nobihty, the greatest number of barons,
and all your majesty's burgesses, unspotted in religion, and
resolute all of them, for God's honour and your majesty's
preservation, to spend their goods and lives and whatever is
dear to them. We also your majesty's humble servants, the
bishops and ministers of the gospel in this laud, now re-
conciled to others with a most hearty affection, by your
majesty's only means and the careful labours of your majes-
ty's trusty councillor and our very good lord, the earl of
Dunbar, arc for our parts most ready to all service in our
callings to stir up your majesty's subjects by the word that
God hath put into our mouths, to the performing of that
obedience which God and nature duth oblige them unto, and
by God's grace shall go before them in all good ensample.
These things we leave to be delivered by our commissioners,
whom we beseech your majesty to hear graciously, and after
some favourable consideration of our case and present suits,
to give such answer as in your highness's wisdom shall be

A. D. 1608.] CHUnCH OF SCOTLAND. 197

thought fittest. And now with our humble thanks to your
majesty for the hborty granted to meet in tliis Assembly,
and our most hearty prayers to God Almighty for your
liighness's long life and prosperous reign, we rest."

This letter was subscribed by the earls of Crawford,
Glencarne, and Kinghorn, the Lords Lindsay, Buccleuch,
Saltoun, Loudoun, Torphichen, Blantyre, Scone, Halyrud-
house, and a great number of the clergy and barons.

The chancellor hearing of the Assembly's proceedings,
and supposing himself to be specially aimed at in all that
business (wherein he was not mistaken), moved the secretary
to take journey to court for obviating these courses so far as
ho might. But he at his coming did meet with a business
that concerned himself more nearly ; for about the same time
Cardinal Beliarmine had published an answer to the king's
apology, and therein charged him with inconstancy, objecting
a letter that he had sent to Clement the Eighth whilst he
lived in Scotland, in which he had recommended to his
holiness the bishop of Vaison for obtaining the dignity of a
cardinal, that so he might be the more able to advance his
affairs in the court of Rome. The treatise coming to the
king's hands, and he falling upon that passage, did presently
conceive that he had been abused by his secretary, who, he
remembered, had moved him on a time for such a letter, and
thereupon began to think that among the letters sent to the
dukes of Savoy and Florence, at the time such another
might have been shuffled in to the pope, and his hand sur-
reptitiously got thereto.

The king lay then at Royston, and the secretary coming
thither, he inquired if any such letter had been sent to the pope
at any time. The secretary apprehending no danger, and
thinking that his policy in procuring the pope's favour to the
king should not be ill interpreted, confessed, '•' that such a
letter he had written by his majesty's own knowledge."
But perceiving the king to wax angry, he fell on his knees
and entreated mercy, " seeing that which he had done was
out of a good mind, and desire to purchase the pope's favour,
which might at the time have advanced his title to England."

The king then putting him in mind of the challenge made
by the late queen in the year 1599 for writing the same

198 THE HISTORY OF THE [a. D. 1G08.

letter, and how being at that time questioned thereupon he
had not only denied his own knowledge thereof, but likewise
moved Sir Edward Drummond, who carried the letter to
the pope, to come into Scotland and abjure the same; he
answered, " That he did not think the matter would be
brought again iu hearing, and that fearing his majesty's
offence he had denied the letter, and had moved his cousin
Sir Edward to do the like ; but now that he saw that which
he had done in a politic course turned to the king's reproach,
with many teai's he besought his majesty to pardon his fault,
and not to undo him who was his own creature, and willing
to suffer what he thought meet for repairing the offence."
The king replying, " that the fault was greater than he ap-
prehended, and that it could not be so easily passed, enjoined
him to go to London, and keep his chamber till ho returned
thither."

After some eight days the king returned to Whitehall,
where the secretary was brought before the council, and
charged with the fault; which the lords did aggravate in
such manner, as they made the same to be the ground of all
the conspiracies devised against the king since his coming
into England, especially of the powder treason. " For the
papists," said they, " finding themselves disappointed of the
hopes which that letter did give them, had taken the des-
perate course which tliej'^ followed, to the endangering of his
majesty's person, posterity, and whole estates."

The secretary, having heard their discourses, kneeled to
the ground, and fetching a deep sigh, spake to this effect :
" Curoi leves loquuntur, ingentes stupent. My Lords, I can-
not speak nor find words to express the grief I have con-
ceived for the offence committed by me against my gracious
sovereign ; for on the one side, when 1 call to mind his
majesty's favours bestowed upon me, having raised me out
of the dust to a fortune far exceeding my merit, and, on the
other, side, I look to my foul fault in abusing his majesty's
trust, bringing thereby such an imputation upon his innocency
as will hardly be taken away ; 1 find no other Avay but with
the forlorn, child to say, Peccavi in ccelum et terram. My
offence is great, I confess, nor am I worthy to be reckoned
any longer among his majesty's subjects or servants. His
majesty's rare piety, singular wisdom, and unspotted sincerity

A. D. 1G08.] CHUHCH OF SCOTLAND. 199

in all his actions, whereof I had so long experience, might
have taught me, that when he refused to have any dealing
with the pope, the event of the course I took could not be
good; but I, unhappy man, would needs follow the way
which to me seemed best, and whereof I find now the smart.
If no other thing can liberate his majesty of this imputation
caused by mj folly, let neither my hfe nor estate nor credit
be spared; but as I have all by his majesty's favour, so let
all go, even to the last drop of my blood, before any reproach
for my offence be brought upon his majesty."

Then rising up, he said, " It shall not be necessary to
remit my trial to Scotland, which I hear your honours do
intend, for 1 do simply submit myself to his majesty's will,
and had much rather not live than lie any longer under his
majesty's displeasure. Therefore ray humble suit to your
honours is, that in consideration of my miserable estate and
ingenuous confession you would be pleased to move his ma-
jesty for accepting me in will, and that without delay what-
soever may be done for reparation of his honour may be
performed, whereunto mo^t willingly I submit myself."

The chancellor. Sir Thomas Egerton, without taking any
notice of these last words, declared, that his majesty's
pleasure Avas to remit the trial of his offence to the Judges in
Scotland, and that he should be conveyed thither as a
prisoner, the sheriffs attending him from shire to shire, till
he was delivered in Scotland ; in the meantime he did pro-
nounce him depi'ived of all places, honours, dignities, and
every thing else that he possessed in England.

Vv'hether or not I should mention the arraignment and
execution of George Sprot, notary in Eyemouth, who suffered
at Edinburgh in the August preceding, I am doubtful ; his
confession, though voluntary and constant, carrying small
probability. This man had deponed, " That he knew Robert
Logan of Restalrig, who was dead two years before, to have
been privy to Gowrie's conspiracy, and that heunderstood
so much by a letter that fell in his hand, written by Restalrig
to Gowrie, bearing that he would take part with him in the
revenge of his father's death, and that his best course should
be to bring the king by sea to Fast Castle, where he might be
safely kept, till advertisement came from those with whom
the earl kept intelligence." It seemed a very fiction, and to

200 THE iiisTonv OF THE [a. d. 1G08.

be a mere conceit of the man's own brain ; for neither did
he show the letter, nor could any wise man think that Gowrie,
who went about that treason so secretly, would have com-
municated the matter with such a man as this Rcstalrig was
known to be. As ever it was, the man remained constant in
his confession, and at his dying, when he was to be cast off
the ladder (for he was hanged in the public street of Edin-
burgh), promised to give the beholders a sign for confirming
them in the truth of what he had spoken ; which also he
performed, by clapping his hands three several times after
he was cast off by the executioner.'

To return to the commissioners of the Assembly, They
had presence of the king in Hampton Court the tenth of
September, where the archbishop of Glasgow having declared
the occasion of their coming, did present the Assembly's
letter, together with their petitions. The king having read
both the one and the other, said, " That the difference
between the lawful and unlawful meetings might be per-
ceived by the fruits arising from both : for as that unlawful
conventicle at Aberdeen had caused a schism in the Church,
and given the enemies of religion a great advantage ; so in
this Assembly they had not only joined in love among them-
selves, which is the main point of religion, but also had taken
a solid course for the repressing of popery and superstition ;
that he did allow all their petitions, and would give order
for a convention which should ratify the conclusions of the
Assembly ; assuring them that the Church, keeping that
course, should never lack his patrociny and protection."

Letters were immediately directed to publish his majesty's
acceptation of the Assembly's proceedings, and the council
joined to commit the marquis of Huntly in the Castle of
Stirling, the earl of Angus in the Castle of Edinburgh, and
the earl of Erroll in Dumbarton. A convention was likewise
indicted at Edinburgh the sixth of December, which was
afterward prorogued to the twenty-seventh of January.
The archbishop of Glasgow was in the raeantiu^e sent home
to inform the council concerning Balmcrino his business, and
how these matters had been carried in England.

This report made, the chancellor, who had been much
ruled by the secretary, was greatly afraid, as suspecting the
' [See Note at the end of this Book. — E.]

A. D. 1609.] CHURCH OF SCOTLAND. 201

next assault should have been made upon himself. But the
king, who knew his disposition, and expected that the chan-
celloi* would carry himself more advisedly, especially in the
matters of the Church, the secretary being gone, did haste
the earl of Dunbar home with a Avarrant to receive the
chancellor in the number of the councillors of England, and
therewith appointed him commissioner together with Dunbar
in the convention of estates : all which was done to make it
seem that his credit was no way diminished with his majesty.

In this convention divers statutes were made in favours of
the Church. As first, that noblemen, sending their sons forth
of the country, should direct them to places where the
reformed religion was professed, at least where the same
was not restrained by the inquisition ; and that the peda-
gogues sent to attend them should be chosen by the bishop
of the diocese : wherein if they should happen to transgress,
the nobleman, being an earl, should incur the pain of four
thousand pounds ; if he was a lord, five thousand marks, and
if a baron, three thousand marks. And if their sons should
happen to decline from the true religion, that their parents
should Avithdraw all entertainment from them, and find
surety to that effect.

That the bishop of the diocese should give up to the
treasurer, controller, collector, and their deputies, the names
of all persons excommunicated for religion, to the end they
might be known ; and that no confirmations, resignations,
nor infeftments should be granted to any contained in that
roll.

That the Director of the Chancery should give forth no
briefs, retours, precepts of rctours, nor precepts upon com-
prisement, till they produced the bishop's testificate of their
absolution and obedience; and that it should be lawful to
superiors and lords of regalities to refuse the entry of all
such to their lands by precepts of dare constat, or any other
way.

Lastly, that persons excommunicated for not conforming
themselves to the rehgion presently professed, should neither
in their own names, nor covertly in name of any other, enjoy
their lands or rents, but that the same should be intromitted
with and uplifted to his majesty's use.

These were the acts concluded touching religion. For

202 THE HISTORY OF THE [a. D. 1600.

the punishment of rapes, which was grown as then too com-
mon, liis majesty by a special letter did recommend to tho
estates some overtures for restraining such violences. As if
any widow, woman, or maid should be forced and abused
against her will, the crime should be capital, and not purged
by the subsequent consent of the woman.

In like manner if any woman should be taken away, albeit
no farther injury was done, and she relieved either by her
friends or by the magistrate, or by whatsoev^^r means, the
only violence intended should be punished by death, in
regard the party had endeavoured to do his worst.

And for those that did entice any woman to go away with-
out their parent's or tutor's consent, that they should be
secluded from any part of the goods or lands belonging to
the woman so enticed. Some other acts for the public good
of the kingdom were passed at the same time, neither was it
remembered that in any one convention so much good of a
long time was done as in this.

In the beginning of February the secretary was brought
to Edinburgh and delivered to the magistrates, who received
him at the Nether Port, and conveyed him as a prisoner to
the lodging that was appointed. A great gazing there was
of people, which troubled him not a little, as he showed by
his countenance. The next day he was delivered to the
Lord Scone, who with a g-uard of horse did convey him to
the prison of Falkland : there he remained till the tenth of
March, and was at that time taken to St Andrews to abide
his trial. With the Justice there sat as assessors the earls of
Dunbar, Montrose, and Lothian, the lord privy-seal, the
collector, and clerk-register.

His indictment was to this eiFcct; "That in the year
1598, by the instigation of his cousin Sir Edward Drummond,
a professed papist, he had stolen and surreptitiously pur-
chased his majesty's hand to a letter written by the said Sir
Edward, and directed to Pope Clement the Eighth, in fiivour
of the bishop of Vaison, for the said bishop's preferment to
the dignity of a cardinal ; and that, notAvithstanding the
many denials the king gave him in that, business, he had
treasonably conspired with the -said Sir Edward to deceive
and abuse his majesty, shuffling in a letter among others that
wei-e to be signed, and filling it up after it was signed, with

A. D. 1609.] CHURCH OF SCOTLAND. 203

the styles and titles usually given to the pope, had sealed
the letter with his majesty's signet, the keeping whereof was
intrusted to him by virtue of his office ; and in so doing had
most undutifully and treasonably behaved himself, to the
endangering of his majesty's honour, life, crown, and estate,
and to the subversion of true religion and the whole pro-
fessors thereof."

Upon the reading of the indictment he was inquired if he
would use any friends or advocates to speak in his defence,
as the order of the court did allow him. His answer was,
" That he stood never in so great need of a prolocutor, the
matter concerning his life, estate, and all that he possessed
in this world ; yet he had chooscd to keep silence, and not to
employ either friends or advocates, the offence he had com-
mitted being such as could admit no defence ; for howsoever
he conceived that the keeping of intelligence with the pope
might advance his majesty's succession to the crown of
England, yet knowing, as he did, his majesty's resolution
never to use any such crooked course, but to rest upon God's
providence and his own right, it did not become him to have
meddled in a matter of that importance. Therefore did he
entreat all gentlemen and others that were present to bear
witness of his confession, and the true remorse he had for
the offence committed, which he esteemed so great, as neither
his lands, nor life, nay nor twenty thousand lives such as his
could repair. Only two things he asked liberty to protest.
One was, that he never intended to work an alteration of
religion, or a toleration of the contrary, the thing he had
done being a mere worldly course, whereby he judged some
good might have been wrought at the time. Next he pro-
tested, that neither the love of gain nor hope of commodity
had led him on, having never received nor expected benefit
from any prince living (his master the king only excepted),
but an opinion he foolishly conceived that he might that way
promove his master's' right." In end he said, " that he
would not make the Judges any more business ; that he had
confessed the truth, and, as he wished God to be merciful to
his soul in that great day, his majesty was most falsely and
wrongfully charged with the writing of that letter to the
pope, and that he never could move him to consent thereto."

The jury was then called, and the persons following sworn

204 THE HISTORY of the [a. d. 1609.

in face of court : David carl of Crawford, George earl INIar-
shal, Jolin earl \Yigton, Patrick earl of Kinghorn, John
earl of Tullibardiiie, Alban lord Catlicart, John lord Saltoun,
David lord Scone, Alexander lord Garlics, William master
of Tullibardine, Sir James Douglas of Drumlanrig, Sir Robert
Gordon of Lochinvar, Sir William Livingstone of Kilsyth, Sir
John Houston of that Ilk, and Sir Patrick Home of Pohvarth.
These going apart, returned after a short space into the court,
and by the mouth of the earl of JNIarshal pronounced " James
lord Pialmcrino to be guilty of treasonable, surreptitious,
fraudulent, and false stealing of his majesty's hand to the
letter specified in the indictment, without his majesty's
knowledge and contrary to his will declared ; as also of the
treasonable affixing of his majesty's signet to the said letter ;
and of assisting known and professed papists in their treason-
able courses, to the danger of religion, the overthrow of the
true professors thereof, and drawing of his majesty's life,
estate, and right of succession to the crown of England in
most extreme peril ; besides the bringing of most false and
scandalous imputations upon his majesty as well in rehgion
as honour; and of art and part of the whole treasonable
crimes contained in the said indictment."

The king being advertised of his conviction (for so he had
commanded before any doom should be pronounced), by a
warrant directed to the Justice he was brought again to
Edinburgh, and in a justice court, kept the first of April,
decerned to be taken to the place of execution, and there to
have his head cut off, his lands, heritages, lordships, baronies,
tacks, steadings, rooms, possessions, offices, benefices, corns,
cattle, to be forfeited and escheated to his majesty's use, as
beins convicted of the aforesaid treasonable crimes. His life,
upon the queen's intercession, was spared, and he returned
to his prison in Falkland, where he abode some months :
being thereafter licensed to go unto his house in Balmerino,
he died, as was thought, of grief and sorrow. A man of
abilities sufficient for tlie places he enjoyed in session and
council ; but one that made small conscience of his doings,
and measured all things according to the gain he made by
them. The possessions he acquired of the Church kept him
still an enemy unto it, for he feared a repetition should bo
made of those livings if ever the clergy did attain unto

A. D. IGIC] CHURCH or SCOTLAND. 205

credit. Not lono' before he fell in his trouble the kino- had
ciiiplojed him to deal with the lords of session, among whom
he carried a great sway, for restoring the ecclesiastical
jurisdiction to the bishops; but he taking ways, that he
thought should not have been perceived, to disappoint the
errand, drew upon himself the king's displeasure, and fared
nothing the better because of his miscarriage in that business,
when this occasion was otfered. It is not for those that serve
princes, and are trusted by them in the greatest affiiirs, to
deal deceitfully with their masters ; for seldom have any
taken that course, and have not in the end found the smart
thereof.

A parliament was this year kept at Edinburgh the twenty-
fourth of June, the Earl Marshal being commissioner for the
king ; wherein the acts concluded in the preceding conven-
tion were ratified, the jurisdiction of commissariats restored
to the Church, the justices of peace ordered to be settled in
every shire, and a statute made for the apparel of judges,
magistrates, and churchmen, which were all remitted to his
majesty's appointment. Patterns accordingly were sent
from London, not long after, for the apparel of the lords of
sessions, the justice, other inferior judges, for advocates,
lawyers, commissars, and all that lived by practice of law ;
and command given to every one whom the statutes con-
cerned, to provide themselves of the habits prescribed, within
a certain space, under the pain of rebellion. Such was the
king's care to have those who were in public charge held in
due respect, and dignosced whithersoever they came.

The king by his letters was now daily urging the bishops
to take upon them the administration of all Church aff;iirs ;
and they unwilling to make any change without the know-
ledge and approbation of the ministers, an Assembly to this
effect was appointed to hold at Glasgow the sixth, eighth, of
June. The earl of Dunbar, Sir John Preston, president of the
session, and Sir Alexander Hay, secretary (which two had
succeeded to Balmerino his places), being commissioners for
the king, the archbishop of Glasgow was elected to preside.
There a proposition was made by the commissioners of
certain points of discipHno which his majesty craved to be
determined, " That all things might be done thereafter
orderly in the Church, and with that consent and harmony

20G THE HISTORY OF THE [a. D. 1610.

which was fitting among preachers." Some three days
being spent in reasoning, at last the concUisions following
were enacted : —

1. The Assembly did acknowledge the indiction of all such
general meetings of the Church to belong to his majesty by
the prerogative of his crown, and all convocations in that
kind without his license to be merely unlawful, condemning
the conventicle of Aberdeen made in the year 1G05, as
having no warrant from his majesty, and contrary to the
prohibition he had given.

2. That synods should be kept in every diocese twice in
the year, viz. in April and October, and be moderated by
the archbishop or bishop of the diocese ; or where the
dioceses are so large as all the ministers cannot conveniently
assemble at one place, that there be one or more had, and in
the bishop's absence, the place of moderation supplied by the
most worthy minister having charge in the bounds, such as
the archbishop or bishop shall appoint.

3. That no sentence of excommunication, or absolution
from the same, be pronounced against or in favour of any
person, without the knowledge and approbation of the bishop
of the diocese, who must be answerable unto God and his
majesty for the formal and impartial proceeding thereof.
And the process being found formal, that the sentence be
pronounced at the bishop's direction by the minister of the
parish where the offender hath his dwelling, and the process
did first begin.

4. That all presentations in time coming be directed to
the archbishop or bishop of the diocese, within which the
benefice that is void lieth, with power to the archbishop or
bishop to dispone or confer the benefices that arc void within
the diocese after the lapse, jure devoluto.

5. That in the deposition of ministers upon any occasion,
the bishop do associate to himself some of the ministers
within the bounds where the delinquent serveth, and,
after just trial of the fact and merit of it, pronounce the
sentence of deprivation. The like order to be observed
in the suspension of ministers from the exercise of tlicir
function.

6. That every minister at his admission swear obedience

f

A. D. 1610.] CHURCH OF SCOTLAND. 207

to his majesty and to his ordinary, according to the form
agreed upon anno 1571.

7. That the visitations of the diocese be made by the
bishop himself, and if the bounds be greater than he can
well overtake, by such a worthy man of the ministry, witliin
the diocese, as he shall choose to visit in his place. And
"whatsoever minister ■v;ithout just cause or lawful excuse shall
absent himself from the visitation or diocesan assembly, be
suspended from his office and benefice ; and if he do not
amend, be deprived.

8. That the convention of ministers, for exercise, be
moderated by the bishop being present, and in his absence
by any minister that he shall nominate in his synod.

9. And last it was ordained, that no minister should speak
against any of the foresaid conclusions in public, nor dispute
the question of equality or inequahty of ministry, as tending
only to the entertainment of schism in the Church, and
violation of the peace thereof.

These conclusions taken, it was complained in behalf of
the moderators of presbyteries, who had served since the
year 1G06, " That notwithstanding of the promise made at
their accepting of the charge, they had received no payment
at all of the stipend allowed." Which the earl of Dunbar
excused by his absence forth of the country, affirming, " That
unto th.at time there was never any motion made thereof to
liim, and that before the dissolving of that Assembly he
should cause satisfaction to be given to them for the time
past," declaring withal, " That seeing order was taken for the
moderation of presbyteries in time coming, his majesty's
treasurer should not be any farther burdened with that pay-
ment." The ministers, therein remitting themselves to his
majesty's good pleasure, gave his lordship thanks for that he
had offered ; which he did also see performed, some five
thousand pounds Scots being distributed by the treasurer's
servants among those that had borne the charge. Certain of
the discontented did interpret it to be a sort of corruption,
giving out, '•' That this was done for obtaining the ministers'
voices;" howbeit the debt was known to be just, and that
no motion was made of that business before the foresaid con-
clusions were enacted.

208 THE HISTORY OF THE [.A. D, IGIO.

In this Assembly a supplication was presented in the
names of the marquis of Huntly and the two earls of Angus
and Erroll for their absolution, and a commission given to
that effect upon their satisfaction, they subscribing the Con-
fession of Faith, and swearing to continue in the profession
of the religion presently established. The marquis of Huntly
was at that time confined in Stirling, and to him were the
archbishop of Glasgow, the bishops of Caithness and Orkney
directed. They found him not unwilling to subscribe the
Confession of Faith and make satisitiction for his apostasy,
but in regard of his many relapses did not judge it fitting to
absolve him ; wherefore they gave order that he should confer
with Mr Patrick Sin)pson, the minister of the town, a learned
and moderate man, that so he might subscribe with know-
ledge, and resolution not to fall back. In the December
following, having professed himself resolute in all points, he
was liberated from his confinement at Stirling, and licensed
to go home to Strathbogie.

With the earl of Erroll the difficulty was greater ; for
when, in a public meeting of the council within the Castle of
Edinburgh, he had professed his conformity in every point
of religion, and made offer to subscribe, the very night after
he fell in such a trouble of mind as he went near to have
killed himself. Early in the morning, the arclibishop of
Glasgow beino; called, he confessed his dissimulation with
many tears ; and beseeching them that were present to bear
witness of his remorse, was hardly brought to any settling
all that day. Tlie nobleman was of a tender heart, and of
all that I have known the most conscientious in his profes-
sion ; and thereupon to his dying was used by the Church
with greater lenity than were ethers of that sect.

The earl of Angus, who lived confined at Glasgow, took
another course, and, upon license obtained from his majesty,
went to France, where he might enjoy the exercise of his
religion with liberty, and died at Paris in a voluntary
banishment some years after.

Shortly after the Assembly dissolved, the archbishop of
Glasgow was called to court, and commanded to bring with
him two others such as he thought fitting. The archbishop,
taking with him the bishops of Brechin and Galloway, came
to court in the midst of September. At their first audience

A. D. 1610.] CHURCH OF SCOTLAND. 209

the king declared what the business was for which he had
called them, speaking to this purpose ; " That he had to his
great charge recovered the bishoprics forth of the hands of
those that possessed thenij and bestowed the same upon such
as he hoped should prove worthy of their places : but since
he could not make them bishops, nor could they assume that
honour to themselves, and that in Scotland there was not a
sufficient number to enter them to their charge by consecra-
tion, he had called them to England, that being consecrated
themselves they might at their i-eturn give ordination to
those at home, and so the adversaries' mouths be stopped,
who said that he did take upon him to create bishops, and
bestow spiritual offices, which he never did nor would he pre-
sume to do, acknowledging that authority to belong to Christ
alone, and those whom he had authorized with his power."

The archbishop answering in the name of the rest, " That
they were willing to obey his majesty's desire, and only
feared that the church of Scotland, because of old usurpa-
tions, might take this for a sort of subjection to the church
of England." The king said, *' That he had provided suffi-
ciently against that; for neither should the archbishop of
Canterbury nor York, who were the only pretenders, have
hand in the business, but consecration should be used by the
bishops of London, Ely, and Bath." The Scotch bishops
thanking his majesty for the care he had of their Church,
and professing their willingness to obey what he would
command, the twenty-first of October was appointed to be
the time, and the chapel of London-house the place of con-
secration.

A question in the meantime was moved by Dr Andrews,
bishop of Ely, touching the consecration of the Scottish
bishops, who, as he said, " must first be ordained presbyters,
as having received no ordination from a bishop." The arch-
bishop of Canterbury, Dr Bancroft, who was by, maintained
" that thereof there was no necessity, seeing where bishops
could not be had, the ordination given by the presbyters
must be esteemed lawful ; otherwise that it might be doubted
if there were any lawful vocation in most of the reformed
Churches," This applauded to by the other bishops, Ely
acquiesced, and at the day and in the place appointed the
three Scottish bishops were consecrated.

VOL, III. 14

210 THE HISTORY OF THE [a. D. 1610.

At the same time did the king institute a high commission
in Scotland for the ordering of causes ecclesiastical, and
therewith sent to the clergy the directions following : —

1. That every particular matter should not be brought at
first before the high commission, nor any thing moved
unto it, except the same was appealed unto, or complained
by one of the bishops as a thing that could not be rectified
in their dioceses ; or then some enormous offence in the
trial, Avhereof the bishops should be found too remiss.

2. That every archbishop and bishop should make his
residence at the cathedral church of his diocese, and
labour so far as they could, and were able, to repair the
same.

3. That all archbishops and bishops be careful in visitation
of their dioceses, and every third year at least take inspec-
tion of the ministers, readers, and others serving cure within
their bounds.

4. That every archbishop visit his province every seven
years at least.

5. Whereas there be in sundry dioceses some churches
belonging to other bishops, that care be taken to exchange
the churches one with another, that all the dioceses may
lie contigue, if possibly the same may be performed. As
likewise in regard some dioceses are too large, and others
have a small number of churches, scarce deserving the
title of a diocese, that a course be taken for enlarging the
same in a reasonable proportion, by uniting the nearest
churches of the greater diocese thereto.

6. That the convention of ministers for the exercise of
doctrine exceed not the number of ten or twelve at most,
and over them a moderator placed by the ordinary of the
diocese where the said conventions are licensed, with
power to call before them all scandalous persons witliin
that precinct, and censure and correct offenders according
to the canons of the Church : yet are not these moderators
to proceed in any case cither to excommunication or sus-
pension, without the allowance of the ordinary. And if it
shall be tried that these ministers do usurp any farther
power than is permitted, or carry themselves unquietly
either in teaching or otherwise at these meetings, in that

A. D. 1610.] CHURCH OF SCOTLAND. 211

case the bishop shall discharge the meeting, and censure
the offenders according to the quality of their ftiult.

7. Considering that laic elders have neither warrant in the
word, nor example of the primitive Church, and that not
the less it is expedient that some be appointed to assist
the minister in repairing the fabric of the church, provid-
ing elements to the holy communion, and collecting the
contributions for the poor, with other such necessary
services ; the minister is to make choice of the most wise
and discreet persons in the parish to that effect, and pre-
sent their names to the ordinary, that his approbation may
be had thereto.

8. That the minister of the parish be authorized to call
before him and his associates so allowed, all pubHc and
notorious offenders, and enjoin the satisfaction according
to the canons of the Church ; or, if they bo obstinate and
contumacious, delate their names to the bishop, that order
may be taken with them.

9. That no minister be admitted without an exact trial pre-
ceding, and imposition of hands used in their ordination by
the bishop and two or three ministers whom he shall call
to assist the action : and to the end an uniform order may
be kept in the admission of • ministers, that a form thereof
may be imprinted and precisely followed of every bishop.

10. That the election of bishops shall in tirhe coming be
■made according to the conference anno 1571, and whilst
the bishopric remaineth void, the dean of the chapter be
vicarius in omnibus ad episcopatum pertinentibus, and
have the custody of the living and rents, till the same be
of new provided.

11. That the dean of every chapter convene the members
thereof once at least in the year, and take order that
nothing pass except they be capitulariter congregati ; and
that a register be made of every thing done by the arch-
bishop or bishop in the administration of the rents, and
kept safely in the chapter-house.

12. That when it shall be thought expedient to call a
General Assembly, a supplication be put up to his majesty
for license to convene ; and that the said Assembly consist
of bishops, deans, archdeacons, and such of the ministry as
shall be selected by the rest.

212 THE HISTORY OF THE [a. D. IGIO.

13, And because there hath been a general abuse in that
Church, that youths, having passed their course in philo-
sophy, before they have attained to the years of discretion,
or received lawful ordination by imposition of hands, do
engire themselves to preach ; that a strict order be taken
for restraining all such persons, and none permitted but
those that have received orders to preach ordinarily and
in public.

These directions, being exhibited to the bishops and some
principals of the clergy convened with them at Edinburgh
in February next, were approved of all ; and at the same
time was the high commission published, to the great discon-
tent of those that ruled the estate ; for that they took it to
be a restraint of their authority in matters ecclesiastical, nor
did they like to see clergymen invested with such a power.

The king, no less careful to have all things ordered rightly
in the estate, did presci-ibe the number, attendants, and
manner of proceeding which the council should keep in their
meetings. As, " that the number should not exceed thirty,
and seven at least be present in every meeting. That at
their admission they should take the oath of allegiance and
swear fidelity and secrecy in matters to be communicated
unto them. That they should convene twice in the week ;
once every Tuesday for matters of state, ^and once on the
Thursday for actions. That none should be permitted to
stay within the council-house but the lords and clerks of the
council, nor any solicitations be made within the house, but
that all should take their places at their coming in, and none
stand on foot, unless they be to answer for themselves, and
in that case to rise and stand at the head of the table. That
four days' absence of any counsellor in the time of sitting,
without license from the rest, should infer the loss of his
place. That if any of the number were denounced rebel, or
did not at least once in the year communicate, they should
be likewise excluded. That wheresoever they remained or
happened to come, if they should bo informed of any trouble
like to arise betwixt parties, they should charge them to
keep the peace; and if tliey refused, they should command
them to enter in ward ; the disobedience whereof should be
punished as if the whole council were disobeyed. Lastly, to

A. D. IGll.] CHURCH OF SCOTLAND. 213

keep their persons and places in the greater respect, they
were commanded in the streets either to ride with foot-
clothes or in coaches, but not be seen walking on foot."

With these directions a command was given to inhibit by-
proclamation any person " to bear quarrel to another with
intention of private revenge, requiring those that should
happen to be in any sort injured to complain to the ordinary
judge within the space of forty days after the injury com-
mitted, and insist for justice ; wherein if they should fail,
and yet be perceived to carry a grudge towards him by whom
they Avcre injured, they should be called before the council,
and, if they refused to reconcile, be punished as despisers
of the royal authority, and violators of the public peace."

In the isles of Orkney and Zetland at this time were
great oppressions committed by the earl thereof, for which
he was committed in the castle of Edinburgh, and the bishop
of Orkney employed by the council to examine the particular
complaints. This nobleman, having undone his estate by
riot and prodigality, did seek by unlawful shifts to repair
the same, making acts in his courts, and exacting penalties
for the breach thereof: as, if any man was tried to have
concealed any thing that might infer a pecuniary mulct, and
bring profit to the earl, his lands and goods were declared
confiscated ; or if any person did sue for justice before any
other judge than his deputies, his goods were escheated; or
if they went forth of the isle without his license, or his
deputies, upon whatsoever occasion, they should forfeit their
moveables ; and, which of all his acts was the most inhuman,
he had ordained that " if any man was tried to supply or
give relief unto ships or any vessels distressed by tempest,
the same should bo punished in his person, and fined at the
earl his pleasure." These acts produced by the complainers,
and confessed by the earl himself, were by the council
decerned unlawful, and the execution thereof in all times
thereafter prohibited.

The clan Gregory, a barbarous and thievish race of people,
that could by no means be repressed nor reclaimed from
their robberies, were at the same time ordained to be rooted
forth, and the service committed to the earl of Argyle; who
made some beginning, and presented certain of the principals
to justice ; but the neglect of their children and their exhibi-

214 THE HISTORY OF THE [a. D. 1011.

tion as was appointed, made them in after-times no less
troublesome to the country than before.^

In the end of the yeai- the earl of Dunbar departed this
life at Whitehall ; a man of deep -svit, few words, and in his
majesty's service no less faithful than fortunate. The most
difficult affairs he compassed without any noise, and never
returned when he was employed without the work performed
that he was sent to do. His death made a great change in
our estate ; Sir Robert Ker, a son of Farnihcrst, who had
served the king long in the quality of a page, Avas then
grown powerful in court, carrying all things by his credit.
At first the treasurer's office, which was in the person of
Dunbar whilst he lived, was trusted to certain commissioners ;
but after a little space tlie same was bestowed upon the said
Sir Robert, and he preferred to be earl of Somerset. The
guard that Sir Vvilliam Cranston, a gentleman of great
worth, did command, and wherewith he had performed divers
notable services in the borders, was taken from him, and
given to Sir Robert Ker of Ancrum, Somerset's cousin. Sir
Gideon Murray, his uncle by the mother, was made deputy
in the office of treasury ; and Sir Thomas Hamilton, his
majesty's advocate, who had married his sister, placed first
in the office of register, and afterwards made secretary ; all
which was ascribed to Somerset his credit. Yet these things
were not ill taken, the last excepted. For Sir William
Cranston being content to resign his place, the king in
remembrance of his good service did prefer him to be a lord
of pai'liament; Sir Gideon his abiUties for the service he
was trusted with were known to all ; and for the advocate,
his sufficiency was undoubted, only the manner of his coming
to be register was not so well interpreted. Sir John Skeen
had enjoyed the place a good many years, and being grown
in age and infirm, thinking to get his son provided to his
office, had sent him to court with a dimission of the place,
but with a charge not to use it, unless he found the king
willing to admit him : yet he, abused by some politic wits,
made a resignation of the office, accepting an ordinary place
among the lords of session. The office upon his resignation
was presently disponed to the advocate, which grieved the
father beyond all measure. And the case indeed was pitiful
' [See Note at the end of this Book. — E.]

A. D. 1612.] CHURCH OF SCOTLAND. 215

and much regretted by all honest men ; for he had been a
man much employed and honoured with divers legations,
which he discharged with good credit, and now in his age to
. be circumvented in this sort by the simplicity or folly of his
sou, it was held lamentable. The king being informed of
the abuse by the old man's complaint, was very careful to
satisfy him, and to have the son reconciled to his father,
which after some travail was brought to pass : yet so exceed-
ing was the old man's discontent, as within a few days he
•deceased. The office of register was shortly after inter-
changed with the secretary Sir Alexander Hay, and he made
keeper of the rolls, the Lord Binning secretary, and Sir
William Oliphant received to be his majesty's advocate.

In the beginning of the next year there happened divers
unhappy quarrels betwixt the Scotch and English at court, which
was like to have produced very bad eiFects; and nothing worse
taken than the slaughter of an English fencer by the Lord
Sanquhar's instigation, who, for an injury alleged, did hii-e
one called Carleill to kill the fencer. This fact committed
in the city of London, and so near to the king's court, caused
such a heartburning among the people, as it was not far
from breaking forth into a general commotion. But his
majesty, preventing the danger, made Sanquhar to be ar-
rested and brouo'ht to his trial ; where beina" convicted he
was hanged publicly at the palace-gate of Westminster.
This act of justice gave the English a great content; nor
was the death of the nobleman much regretted by his own
country people, for he had lived all his time dissolutely, and
falling in familiarity Avith a base courtezan at Paris, had by
her a son to whom he entailed his lands, intending to defraud
the lawful heir. But the king, taking the matter into liis
own cognition, did, by compromise, adjudge the succession
m to the just inheritor, appointing a Httle portion to the base
■ son, who in a short time made away the same prodigally.
K Not long before, his majesty being informed of a course
v kept by the Church in excommunicating persons that were
^^/ugitives for capital crimes, sent to the bishops and clergy a
^Hletter of this tenor.

" The ecclesiastical censure of excommunication, which
should be inflicted upon such as having committed any

216 THE HISTORY OF THE [a. D. 1612,

scandalous offence arc contemners of the admonitions of the
Church, is, as we have been informed, so for abused against
the first institution, that we cannot sufficiently marvel of the
proceeding said to be commonly used among you ; namely,
that liersons fugitive for capital crimes being cited before
ecclesiastical judicatories, although it be known that they
dare not compeir for fear of their life, are sentenced as per-
sons contumacious, whereas the fear they stand in ought in
reason to excuse their absence, since they cannot be judged
contemners of the Church who upon just terrors are kept
back from giving their personal appearance. In a late
treatise the Venetian Padre Paulo did learnedly confute the
sentence pronounced by the present pope against him for his
not appearing to answer in the cause of heresy, only upon
the just fear he pretended, and had his appeal justified by all
indifferent men from the pope's sentence as abusive. Your
proceedings for the manner is no other, and by the learncdest
divines in these parts resembled to the Muscovite's form, who,
if he be offended with any person, commandeth him to send
his head unto him : just so your citations are in the foresaid
case, which is to will the offenders come in and be hanged,
which were they never so penitent is not to be thought they
will do ; for they will rather fall under your censure, than
hazard themselves in the hands of the justice. This being
the ready way to bring the censures of the Church in con-
tempt, our pleasure is, that hereafter there be no such form
of proceeding used among you. Notwithstanding if it shall
happen such offenders to obtain our pardon, and that the
fear they stand in of their life be removed, we mean not
but that they should be called before the Church, and cen-
sures used against those that are impenitent. Hereof per-
suading ourselves that you will have care, and not give way
to the abuse in time coming, we bid you farewell."

Upon the receipt of this letter, the bishops convening with
certain of the clergy, to advise what course was fittest to be
held in these cases, a long reasoning was kept, some main-
taining, " That the form practised by the Church was not to be
changed, they having tried the good thereof, and that people
were terrified by this means from falling into these odious
crimes." Others reasoned, " That the principal end of all

A. D. 1G12.] CHURCH OF SCOTLAND. 217

church censures, especially of excommunication, was the
reclaimino; of offenders, and the briuoin^ of them to the
acknowledgment of their sin, and that where this principal
use had no place, that other secondary ends ought not to be
respected ; and so in case of fugitives, what could any cen-
sure avail to their reclaiming, they not being in place to
answer, or to receive any admonition ? Yea, and might it
not fall, that by proceeding against men in such case, men
truly sorrowful for their sin should be sentenced, and so the
persons bound by the Church whom God hath loosed ? They
did therefore judge it more safe in these cases to advertise
people of the heiuousness of the fact committed, warning
them to make their own profit tliereof, and to forbear all
proceeding against the fugitive person till his condition
should be made known." This turned to be the resolution
of the whole number, and thereupon direction was given to
the ministers not to intend or follow any process against
fugitives in time comino".

This year the earl of Eglinton departed this life, who,
having no child nor heir-male to succeed, made a disposition
of his lands and honours to Sir Alexander Seaton his cousin-
german, with a proviso, " That he and his children should
take the name and use the arms of the house of Mont-
gomery." The king, who was always most tender in the
conveyance of honours, being informed of the disposition
made by the deceased earl, did by a letter written to the
council witness his displeasure at such alienations ; showing
that howsoever he could not stay noblemen to dispose of
their lands, he, being the fountain of all honour within his king-
doms, would not permit the same to be sold or alienated
without his consent : and thereupon did inhibit the said Sir
Alexander to use the title of lord or earl, notwithstanding
the disposition made to him. Some two years after his
majesty was pleased to bestow the honour upon him, and so
was he received into the place and honour formerly belong-
ing to the house of Eglinton.

In the month of October a parliament was kept at Edin-
burgh, the chancellor being commissioner for the king ;
wherein the conclusions taken in the Assembly at Glasgow
were ratified, and all Acts and constitutions, especially the
Act made in the parliament 1592, rescinded and annulled, in

k

218 THE HISTORY OF THE [a. D. 1G12.

SO far as they, or any of them, or any part of the same, were
derogatory to the articles there concluded.

In this parliament a subsidy was urged, and a great con-
test made for the quantity, which was required in a more
large measure than in former times, because of his majesty's
affairs, especially for the marriage of the Lady Ehzabeth
with the Palsgrave, who in the same month arrived in
Eno-land. The poverty of the country, with a fear that
what was then granted should be made a precedent for after-
times, was pretended by those that withstood the motion :
albeit the true cause was known to be the dislike that the
popish faction had of the match, which by all means they
laboured to cross : nor was any more busy than the Lord
Burleigh to impede the subsidy. He, being but a little
before come from court, did affirm that the king in a private
speech with him touching the same, had said, " That he re-
quired no more than was granted in the parliament 1606,"
and thereby made the opposition greater than otherwise it
would have been. Yet in the end, after long debating, it
was concluded, that the supply should be more liberal in
regard of the present occasion than at any time before.

The king upon advertiscmeut of the Lord Burleigh's
business gave order to remove him from the council, and to
inhibit him from coming any more at court : which he
apprehending to be the Lord Scone's doing, and that he had
informed against him, took so ill, as he did send him a
challenge, and appeal him to the combat. Hereupon he was
committed in the castle of Edinburgh, where he remained
some two months ; thereafter, upon tlie acknowledgment of
his offence, and being reconciled with the Lord Scone, he
was put to liberty.

In court at this time was great rejoicing, and the marriage
of the Lady Elizabeth with the Prince Palatine daily ex-
pected, when on the sudden all was turned to mourning by
the death of Prince Henry, who departed this life at St
James's in the beginning of November. A prince of ex-
cellent virtues, and all the perfections that can be wished for
in youth. He died at the age of eighteen years and eight
months, greatly lamented both at home and abroad. The
council esteeming it their duty to express their doleance for
that accident, made choice of the chancellor and the arch-

A. D. 1613.] CHURCH OF SCOTLAND. 219

bishop of Glasgow for that business. But the king having
received a hard information of the chancellor's carriage in
the late parliament, sent his servant William Shaw to dis-
charge him from coming to court, who encountering him at
]Morpeth caused him to return. The archbishop, who was
no farther advanced than Berwick, accompanied the chancel-
lor to Edinburgh ; and after a short stay there, as he was
willed, took his journey again towards court, whither he
came a little before Christmas. The nuptiak, in regard of
the prince's death, were put off to the February following ;
at which time, the soi'row being a little worn out, the same
were performed with great solemnity.

It was showed before concerning the oppressions of the
people of Orkney, that the acts made by the earl in his
courts were judged unlawful, and he discharged to put the
same thereafter in execution. Not the less going on in his
wonted course, he sent his base son called Robert into the
country, in show to uplift his rents and duties, but in effect
to try and punish the transgressors of those acts : whereupon
new complaints being preferred to the council, the king was
advised to make purchase of Sir John Arnot's right, to whom
the earl had impignorated his estate, as being the only means
to relieve that distressed people from his oppressions ; the
bargain shortly was made, and the king possessed in the
lands. Sir James Stewart, Captain James his son, being made
chamberlain and sheriff of the coujitry. The earl himself
was transported from Edinburgh to the castle of Dumbarton,
and had allowed to him six shillings eight pence sterling a-
day for his entertainment ; where he had not long remained,
whenas he received advertisement that the castles of Kirk-
wall, Birsay, and other his houses in those isles were all
rendered to the sheriff. This put him in a great passion,
and many ways he essayed to make an escape ; but finding
no possibility, he sent his base son, who was lately returned,
with an express command to take back the houses, and
expulse the deputy Mr John Finlasou, whom the chamberlain
had left there.

The young man at his coming to Orkney being assisted
with some loose people made his first assault upon Birsay,
expulsing Bernard Stewart the keeper, and placing a garri-
son therein of some thirty persons. The deputy hearing

220 TIIK HISTORY OF THE [a. D. IGlo.

■what was done went speedily thither, charging them in his
majesty's name to render : but they despising tlic charge,
and he not able to force them, he went from thence to Kirk-
wall; the rebels following at his heels, compelled. him in
like sort to render the castle of Kirkwall in which he had
entered.

Upon report of this rebellion, commission was given to the
earl of Caithness, as lieutenant for the king in those bounds,
to recover the castles and pacify the country ; which he care-
fully performed. At his tirst landing, a company of people,
to the number of five hundred, who were brought together
more out of fear of the rebels than of any desire to withstand,
made a countenance to resist ; but how soon they perceived
the earl's resolution to pursue, they gave back, their leaders
flying to the castles, which they meant to defend. This
they made good some five weeks or more, till the cannon
having beaten down a great part of the walls, they were
forced to yield themselves at discretion. The persons taken
in the castle were Robert Stewart the earl's base son,
Archibald Murray, Andrew Martin, Alexander Legat, and
Thomas King, servants to the earl. These were all trans-
ported to Edinburgh, and being convicted by a jury, were
hanged on a gibbet at the market-cross. In this siege the
lieutenant lost four men only ; namely, WiUiam Irvine son
to WiUiam Irvine of Saba, James Richardson, Andrew
Adamson, and William llobinson, who were killed all by
shots from the house ; many were wounded and hurt, but
thereof recovered.

Towards the end of the year Mr David Lindsay, bishop
of Ross, departed this life in a great age, having attained to
fourscoi'e and two or three years ; a man nobly descended,
and a brother of the house of Edzell. Soon after the Refor-
mation, returning from his travels abroad, he applied himself
to the function of the ministry, and entering the charge at
Leith, continued therein to his death ; of a peaceable nature,
and greatly favoured of the king, to whom he performed
divei's good services, especially in tiie troubles he had with
the Church ; a man universally beloved and well esteemed
of by all wise men. His corpse was interred at Leith by
his own direction, as desiring to rest with that people on
whom he had taken great pains in his life.

A. D. 1614.] CHURCH OF SCOTLAND. 221

The earl of Orkney being brought, tlie October preced-
ing, from Dumbarton to Edinburgh, was in February next
put to trial, where together with the justice there sat as
assessors the earl of Dunfermline, chancellor, the Lord Bin-
ing, secretary, the president Sir John Preston, Sir Gideon
Murray, treasurer-deputy, Sir Richard Cockburn of Clark-
ingtou, lord privy-seal, Sir John Cockburn of Ormiston,
justice-clerk, Sir Alexander Hay, clerk -register, Sir William
Livingstone of Kilsyth, and Sir Alexander Drummond of
Medop, senators of the college of justice.

The substance of the indictment was, " That he had caused
his base son to surprise the castle of Kirkwall, with the
steeple of the church, the place called the yards, and house
of Birsay ; that he had incited the people to rebellion, and
detained the said castles and houses treasonably after he
was charged to render the same." His prolocutors were
Mr Alexander King, Mr Thomas Nicolson, and Mr Alex-
ander Forbes, lawyers, all of good esteem ; the chief defence
they used was a denial of the libel. The advocate producing
the confession of his base son and those that were executed
with hira, together with some missive letters written by one
John Sharpe at his direction for the detaining of the castle
of Kirkwall, and a charter of certain lands gifted by him to
Patrick Halcro for assisting the rebels, the justice remitted
the verity of the indictment to the assize.

The persons chosen thereupon were James earl of Glen-
came, George earl of Winton, John earl of Perth, Robert
earl of Lothian, William earl of Tullibardine, David lord
Scone, William lord Sanquhar, John lord Herries, James
lord Torphichen, Hugh lord Sempill, WilHam lord Kilmaurs,
John Grant of Freuchie, Sir Patrick Hepburn of Waughton,
Robert Arnot of Farny, and Sir Henr}^ Lindsay of Kin-
fauns ; Avho, sworn and received according to the custom,
went apart by themselves for a certain space, and returning
unto the court, by the mouth of their chancellor (the earl of
Glcncarne) declared him guilty of the foresaid rebellion, and
of the whole points contained in the indictment. The justice
thereupon gave sentence, that he should be taken to the
market-cross, and there beheaded, and all his goods and
lands confiscated.

The earl takmg the sentence impatiently, some preachers

222 THE HISTORY OF THE [a. D. 1014.

were desired to confer with liim, and to dispose his mind
towards death ; but they finding him irresolute, entreated
for a delay of the execution ; which was granted to the sixth
of February, at which time he was brought unto the scaffold,
guarded by the magistrates of the city, and in the sight of
many people beheaded. This w^as the end of Patrick earl
of Orkney, son to Robert Stewart, one of King James the
Fifth his base sons. Robert was at first provided to the
abbacy of Halyrudhouse, which he enjoyed divers years.
After the forfeiture of Hepburn, Earl Bothwell, and the
obtaining of these isles, he exchanged the abbacy with the
bishopi'ic of Orkney, and so became sole lord of the country.
Patrick, succeeding to an elder brother who died young, by
his too much resort to court and profuse spending did involve
himself in great debts, and seeking to repair his estate by the
indirect courses he touched, fell into these inconveniences
which you have heard, and may serve for a warning to all
great personages not to oppress nor play the tyrants over the
meaner sort of people.

About the end of the year John Ogilvy a Jesuit was
apprehended at Glasgow. He was lately come from Gratz,
where the Jesuits have a college, by the command (as he
said) of his superiors, to do some service in these parts.
There were found with him three little books, containing
ccriain directories for receiving confessions ; a warrant to
dispense with them that possessed any church-livings, con-
ceived in this form, Quoad dispensationem de bonis ecclesias-
iicis, poteris dispensare ut retineant quce 2)ossident, dummodo
in usus pios aliquid impendant, pro judicio confessarii dis-
pensantis ; with some rehcs, and a tuft of St Ignatius's hair,
the founder of their order, which he seemed to have in great
regard.

Upon advertisement given to his majesty, a commission
was sent to the secretary, the Lord Kilsyth, the treasurer-
deputy, and advocate, for his examination and trial. Being
presented before them, and inquired when he came into
Scotland, what his business was, and where he had resorted ?
To the first he answered, that he came in the June preced-
ing ; to the second, that his errand was to save souls ; but
to the third he denied to give any answer at all, saying,
" that he would not utter any thing that might work pre-

A. D. 1614.] CHURCH OF SCOTLAND. 223

judice to others : " nor could lie be induced either by per-
suasion or threatening to detect the persons with whom he
had resorted. • The commissioners offended at his obstinacy,
and meaning to extort a confession from him, advised to
keep him some nights from sleep : and this indeed wrought
somewhat with him, so as he began to discover certain
particulars, but how soon he was permitted to take any rest,
he denied all, and was as obstinate in denying as at first.

His majesty being certified that without torture nothing
would be drawn from him, made answer, " That he Avould
not have those forms used with men of his profession ; and if
nothing could be found but that he was a Jesuit, and had
said mass, they should banish him the country, and inhibit
him to return without license, under pain of death. But if
it should appear that he had been a practiser for the stu'ring
up of subjects to rebellion, or did maintain the pope's trans-
cendent power over kings, and refused to take the oath of
allegiance, they should leave him to the course of law and
justice; meanwhile his pleasure was, that the questions
following should be moved unto him, and his answers there-
to required."

1. Whether the pope be judge and hath power in spiritua-
libus over his majesty ; and whether that power will reach
over his majesty in temporalibus if it be in ordine ad spiri-
tualia, as Bellarmine affirmeth ?

2. Whether the pope hath power to excommunicate
kings (especially such as are not of his Church), as his
majesty ?

3. Whether the pope hath power to depose kings by him
excommunicated ; and in particular, whether he hath power
to depose the king's majesty ?

4. Whether it be no murder to slay his majesty, being so
excommunicated and deposed by the pope ?

5. Whether the pope hath power to assoile subjects from
the oath of their born and native allegiance to his majesty ?

These questions were sent enclosed in a letter to the arch-
bishop of Glasgow, who assuming to himself the provost of
the city, the principal of the college, and one of the ministers,
as witnesses, did in their hearing read the questions, and

224 THE HISTORY of the [a. d. 1614.

receive his answer, Avhich he gave under his hand, as
foUoweth : —

I acknowledge the pope of Rome to be judge unto his
majesty, and to have power over him in spirit nalibus, and
over all Christian kings. But where it is asked, whether
that power will reach over him in temporalibus, 1 am not
obliged to declare my opinion therein, except to liim that is
judge in controversies of religion, to wit, the pope, or one
having authority from him.

For the second point, I think that the pope hath power to
excommunicate the king ; and where it is said, that the king
is not of the pope's Church, I answer, that all who arc
baptized are under the pope's power.

To the third, where it is asked, if the pope hath power to
depose the king, being excommunicated ; I say that I am not
tied to declare my mind, except to him that is judge in con-
troversies of religion.

To the fourth and fifth I answer ut supra.

Being reasoned with a long time, and the danger exponed
wherein he did cast himself by maintaining such treasonable
opinions, he answered, " That he would not change his mind
for any danger tliat could befall him ;" and speaking of the
oath of allegiance, said, " that it was a damnable oath, and
treason against God to swear it." Some days being allowed
him to bethink himself better of these points, whenas no
advice could prevail, the answers were sent to his majesty
subscribed by himself, and therewith a testification of such
as were present at the giving thereof.

Hereupon the council was commanded to pass a commis-
sion to the provost and bailiffs of Glasgow for putting him to
a trial. There were assisting, James marquis of Hamilton,
Robert carl of Lothian, William lord Sanquhar, John
lord Fleming, and Robert lord Boyd. Some days be-
fore he was brought to the bar, it was told him, " That he
was not to be charged with saying of mass, nor any thing
that concerned his profession, but only with the answers
made to the questions proponed, which, if he should recall,
there being yet place to repentance, the trial should be sus-
pended till his majesty were of new advertised." His reply

A. D. 1614.] CIIUIICII OF SCOTLAND. 225

was, " That ho did so little mind to recall any thing he had
spoken, as Avhcn he should be brought to his answer he should
put a bonnet on it." And this indeed he performed ; for
when he was placed on pannel, and the indictment read,
which was grounded all upon the Acts of Parliament made
against those that declined his majesty's authority, or main-
tained any other jurisdiction within the realm, and upon
the answers made to the above-written demands subscribed
with his hand, he brake forth in those speeches : —

" Under protestation that I do no way acknowledge this
judgment, nor receive you that are named in that commission
for my judges, I deny any point laid against me to be treason ;
for if it were treason, it would be such in all places and all
kingdoms, which you know not to be so. As to your Acts
of Parliament, they were made by a number of partial men,
and of matters not subject to their /oritm or judicatory, for
which 1 will not give a rotten fig. And where I am said to
be an enemy to tlie king's authority, 1 know not any au-
thority he hath but what he received from his predecessors,
who acknowledged the pope of Rome his jurisdiction. If the
king will be to me as his predecessors were to mine,l will obey
and acknowledge him for my king ; but if he do otherwise,
and play the runnagate from God, as he and you all do, I
will not acknowledge him more than this old hat." At these
words being interrupted, and commanded to speak more
reverently of his majesty, he said, " That he should take
the advertisement, and not offend, but the judgment he
would not acknowledge. And fur the reverence I do you
to stand uncovered, I let you know it is ad redemptionem
vexationis, not ad agnitionem judicii."

The persons cited upon the jury being then called, and he
desired to show if he would except against them, he said,
" That he had but one exception against them all, which
was, that either they were enemies to his cause, or friends :
if enemies, they could not sit upon his trial ; and if friends,
they ought to assist him at the bar. Only he should wish
the gentlemen to consider well what they did, and that he
could not be judged by them. That Avhatsoever he suf-
fered was by way of injury and not of judgment ; and that
he was accused of treason, but had not committed any offence,
nor would he beg mercy." And, proceeding in this strain, " I

VOL. ilL 15

226 THE HISTORY OF THE [a. D. 1614.

am," said he, " a subject as free as the king is a king ; I came
by commandment of my superior into this kingdom, and if I
were even now forth of it, I would return ; neither do I re-
pent any thing, but that I have not been so busy as I should
in that which you call perverting of subjects. I am accused
for declining the king's authority, and will do it still in
matter of religion, for with such matters he hath nothing to
do ; and this which I say, the best of your ministers do main-
tain, and if they be wise, will continue of the same mind.
Some questions were moved to me, which I refused to
answer, because the proposers were not judges in contro-
versies of rchgion, and therefore I trust you cannot infer any
thing against me," " But I hope," said the archbishop,
" you will not make this a controversy of religion, whether
the king being deposed by the pope may be lawfully killed."
To this he replied, " It is a question among the doctors of
the Church ; many hold the affirmative, not improbably ; but
as that point is not yet determined, so if it shall be concluded,
I will give my life in defence of it ; and to call it unlawful, I
will not, though I should save my life by saying it."

His speeches, the more liberty was given him, growing
still the more intolerable, the jurors were willed to go apart,
who, quickly returning, declared by the mouth of their
chancellor. Sir George Elphingston, that they found him
guilty of all the treasonable crimes contained in the indict-
ment. Whereupon doom was pronounced, and the same day,
in the afternoon, he was hanged in the public street of
Glasgow, He was, as it seemed, well instructed in that
Jesuitical doctrine of deposing and dethroniug kings, and like
enough to have played another Ravaillac, if he had not been
intercepted ; which was the rather believed, that, in lament-
ing his mishap to one that he esteemed his friend, he did say,
" That nothing grieved him so much as that he had been
apprehended in that time, for if he had lived unto Whit-
sunday at liberty, he should have done that which all the
bishops and ministers of Scotland and England should never
have helped; and to have done it, he would willingly have been
drawn in pieces with horses, and not cared what torments he liad
endured." But tliis did not burst forth till after his death,

Mr James Motfat, another of the same society, being ap-
prehended near about the same time, took a safer course ;

A. D. 1615.] CHURCH OF SCOTLAND. 227

for having condemned Ogilvie's positions, he was suffered to
depart the country, the king professing, as he ever did,
that ho would never hang a priest for his rehgion ; only
these polypragmatic papists, that were set upon sedition and
to move disturbance in countries, he could not away with.

The next spring, Mr George Gladstanes, archbishop of
St Andrews, departed this life; a man of good learning, ready
utterance, and great invention, but of an easy nature, and in-
duced by those he trusted to do many things hurtful to the
See, especially in leasing the tithes of his benefice for many
ages to come, and for a small duty ; esteeming (which is the
error of many churchmen) that by this mean he should
purchase the love and friendship of men, whereas there is no
sure friendship but that which is joined with respect ; and
to the preserving of this, nothing conduceth more tlian a wise
and prudent administration of the church-rents wherewith
they are intrusted. He left behind him in writing a declara-
tion of his judgment touching matters then controverted in
the Church, professing that he had accepted the episcopal
function upon good warrant, and that his conscience did never
accuse him for any thing done that way. This he did to ob-
viate the rumours which he foresaw would be dispersed after
his death, either of his recantation or of some trouble of spirit
that he was cast into (for these are the usual practices of the
puritan sect), whereas he ended his days most piously, and to
the great comfort of all the beholders. His corpse was in-
terred in the south-east side of the parish church, and the
funeral sermon preached by Mr Wilhara Cowpcr, bishop of
Galloway, who was lately before preferred upon the decease
of Mr Gavin Hamilton, bishop of that See ; a man for
courage, true kindness, and zeal to the Church, never enough
commended.

St Andrews falling thus void, divers translations were
made in the Church ; as of the archbishop of Glasgow to St
Andrews, the bishop of Orkney to Glasgow, the bishop of
Dunblane to Orkney, in whose place succeeded Mr Adam
Ballendene, rector of Falkirk.

In the end of this year, there was at court a great busi-
ness for trying the murder of Sir Thomas Overbury, who
had died in the Tower some two years before. The occasion
and secret contriving of the murder, with the strangeness

228 THE HlSTOnY OF THE [a. d. 1615.

of the discovery, and bis majesty's impartial proceedings
in the trial, deserve all to be remembered. The occasion
was Overbury's free and friendly counsels to the earl of
Somerset for diverting him from the marriage he intended
with Lady Frances Howard, who by a sentence of nullity
was freed from the earl of Essex her husband. Often he
had dissuaded Somerset, presuming upon the familiarity that
he vouchsafed him, to forbear that lady's company, and one
night more freely, for that he saw Somerset going on in the
match, came unto him, and spake to this effect : " My Lord, I
perceive you are proceeding in this match, which I have often
dissuaded as your true servant and friend. I now advise you
not to marry that woman, for if you do, you shall ruin your
honour and yourself ; " adding, that if he went on in that busi-
ness, he should do well to look to his standing. The earl
taking his free speech more impatiently because he had
touched the lady (with whom he was bewitched) in her
honour, replied in passion, that his legs were strong enough
to bear him up, and that he should make him repent those
speeches. Thus he parted in anger at that time.

Overbury interpreting this to be a sudden passion only,
and not thinking that their long continued friendship would
break off by this occasion, continued in his wonted attend-
ance, neither did the eaid wholly abandon him ; howbeit,
having discovered to the Lady Overbury his counsel, and the
words he had uttered to her prejudice, she never ceased to
inflame him against the gentleman, and by all means sought
to practise his overthrow. It fiilling out that Overbury was
about this time to be employed in an ambassage to Russia,
the earl, whose counsel he asked, advised him not to embrace
the service, but to make some fair excuse. This advice he
followed, taking the same to proceed of kindness, and for his
refuse was committed to the Tower.

The lady now had him where she wished, and, meaning to
despatch him by poison, wrought so with the lieutenant Sir
Jervis El ways, as he did admit one Richard Weston, upon
her recommendation, to be Overbury's keeper, by whom, the
very evening after he was committed, a yellow poison was
ministered unto him in a broth at supper, which provoked
such extreme vomits and purging as it was looked he should
not recover. But neither this nor the other poisons that

A. D. 1G15.] CHURCH OF SCOTLAND. 229

wore continually put in his meats serving to despatch him,
Mistress Turner, the preparer of all, procured an apothe-
cary's boy to give him a poisoned glyster, which brought
him to his end. Overbury thus dead, was presently buried ;
and because of the blanes and blisters that appeared in his
body after his death, a report was dispersed that he died of
the French pox, which few believed ; and still the rumour
went, according to the truth, that he was made away by
poison. The greatness of the procurers kept all hidden for
a time ; but God, who never suffcreth such vile acts to go
unpunished, did bring the same to light after a miraculous
manner.

It happened the earl of Shrewsbury, in conference with a
councillor of estate, to recommend the lieutenant of the Tower
to his favour, as a man of good parts, and one that desired to
be known to him. The councillor answering, that he took it
for a favour from the lieutenant that he should desire his
I friendship, added withal, that there lay upon him a heavy
imputation of Overbury 's death, whereof he wished the
gentleman to clear himself. This related to the lieutenant.
He was stricken a little with it, and said, that to his know-
ledge some attempts were made against Overbury, but that
the same took no effect ; which being told to the king, he
willed the councillor to move the lieutenant to set down in
writing what he knew of that matter, which he also did.
Thereupon, certain of the council were appointed to examine
and find out the truth. From Weston somewhat was drawn,
whereupon he was made prisoner. Turner and Franklin,
the preparers of the poison, being examined, confessed every
thing ; and then all breaking forth, the earl of Somerset with
his lady and the lieutenant were committed.

Weston at his first arraignment stood mute, yet was in-
duced afterwards to put himself to the trial of the country,
and being found guilty, was hanged at Tyburn. Mistress
Turner and James Franklin were in like sort executed. The
lieutenant, who had winked at their doings, was judged ac-
cessory to the crime and condemned to death, which he suf-
fered most patiently, expressing a great penitency and
assurance of mercy at the hands of God.

In the May following, the earl and his lady were brought
to their trial, which by their friends they laboured earnestly

230 THE iiist(;ry of the [a. d. IGIG.

to eschew ; but the king would not bo entreated, for the love
he had to maintain justice. The judge by commission was
Thomas Lord Ellesmere, chancellor of England, and lord
high-steward for that time ; his assistants were. Sir Edward
Coke, lord chief-justice of England ; Sir Henry Hobart, lord
chief-justice of the common pleas ; Sir Laurence Tanfield,
lord chief-baron of the exchequer ; Judge Altharne, one of the
barons of the exchequer ; Judge Crook, Judge Doddridge,
and Judge Haughton, judges of the king's bench, and Judge
Nicols, one of the judges of the common pleas.

The peers by whom they were tried were, the earl of
Worcester, lord privy-seal ; the earl of Pembroke, chamber-
lain ; the earls of Rutland, Sussex, Montgomery, and Hart-
ford ; the Viscount Lisle, the Lord Zouch, warden of the
Cinqueports ; the Lord Willoughby of Eresby ; the Lord
Dacres, the Lord Monteagle, the Lord Wentworth, the Lord
Rich, the Lord Willoughby of Parham, the Lord Hunsdon,
the Lord Russel, the Lord Compton, the Lord Norris, the
Lord Gerard, the Lord Cavendish, and the Lord Dormer. .
With the lady there was not much ado, for she with
many tears confessed the fact, desiring mercy. The earl,
who was the next day presented before the judges, made
some defences : but the confessions of those that were exe-
cuted, and a letter he had sent to his majesty, did so clearly
convince him of being accessory to the crime at least, that
they were both sentenced to be taken to the Tower of London,
and from thence to the place of execution, and hanged till
they were dead. It was a foul and hateful fact, on the earl's
part especially, who did betray his friend for satisfying the
appetite of a revengeful woman ; yet by his majesty's clem-
ency, the lives of both were afterwards spared.

A new business was about the same time made by the
marquis of Huntly, Some eight years before he had been
excommunicated, and giving hopes from time to time of his
reconcilement, did not only frustrate the same, but, break-
ing out in open insolencies, had caused his officers discharge
his tenants from hearing the sermons of some ministers, with
whom he made show to be offended. Being for this called
before the high commission, he was committed in the Castle
of Edinburgh, and had not remained there two or three days
when, upon the chancellor's warrant, he was put to libei'ty.

A.D. IGIG.] CIIURCir OF SCOTLAND. 231

The bishops that were in town, complaining to himself of that
he had done, were disdainfully answered, " That he mio-ht
enlarge without their advice any that were imprisoned by the
high commission ;" and when it was told that the Church
would take this ill, he said, " that he cared not what their
Church thought of him ; " whereupon the ministers made
great exclamationr> in the pulpits, as against one that abused
his place and power.

Complaints hereupon were sent from all hands to the king.
The bishops complained of the chancellor his usurping upon
the commission, and to this effect directed Alexander, bishop
of Caithness, to court. The chancellor complained of the
turbulency of the ministers, and the liberty they took to
censure the public actions of statesmen in their sermons.
The marquis, upon a suit he had made before his imprison-
ment, had obtained license to come unto court, and had taken
his journey thither. But the king, upon the clergy's com-
plaint, sent Mr Patrick Hamilton, then waiting as secretary-
deputy at court, to command the marquis to return and
enter himself in the Castle of Edinburgh, for satisfying the
high commission ; withal, he carried a letter to the council,
sharply rebuking them for releasing the marquis, he being
Avarded by the lords of the commission.

The gentleman meeting the marquis at Huntingdon, within
a day's journey of London, did use his message, who entreated
him to go back, and show the king that he was come to
give his majesty satisfaction in every thing he would enjoin,
and to beseech his majesty, since he was so far on his journey,
not to deny him his presence. The offer of satisfaction
pleased the king well, who permitting him to come forward
to court, directed him to the archbishop of Canterbury,
with whom he offered to communicate. His excommunica-
tion standing in the way, and it being contrary to the canons
that one excommunicated by the Church should, without
their consent who had so sentenced him, be absolved in
another, it was a while doubted what course they should
take. The king on the one side was desirous to win him
home, and, on the otlier, loath to infringe the order of the
Church ; yet inclining to have the marquis absolved, it was
thought that the bishop of Caithness his consent, in the name
of the clergy of Scotland, was a warrant sufficient. Thus,

232 THE HISTORY OF THE [a. P. 161G.

the bishop conscntinr;, the absohition was given him, in the
chapel of Lambeth, by the archbishop of Canterbury in this
form : —

" Whereas the purpose and intendment of tlie whole
Church of Christ is to win men unto God and frame their souls
for heaven, and that there is such an agreement and corre-
spondency betwixt the Churches of Scotland and England, that
what the bishops and pastors in the one, without any earthly
or worldly respect, shall accomplish to satisfy the christian
and charitable end and desire of the other, cannot be dis-
tasteful to either ; I therefore, finding your earnest entreaty
to be loosed from the bond of excommunication wherewith
you stand bound in the Church of Scotland, and well consider-
ing the reason and cause of that censure, as also considering
your desire, on this present day, to communicate here with
us, for the better effecting of this work of participation of
the holy sacrament of Christ our Saviour his blessed body
and blood, do absolve you from the said excommunication, in
the name of the Father, and of the Son, and of the Holy
Ghost ; and beseech Almighty God, that you may be so
directed by the Holy Spirit, that you may continue in the
truth of his Gospel unto your life's end, and then be made
partaker of his everlasting kingdom."

How soon it was known that the marquis was absolved by
the archbishop of Canterbury, there were great exceptions
taken by the Church, and the same interpreted to be a sort
of usurpation, whereof the king being advertised in a long
letter written to the archbishop of St Andrews, he did
justify the doing by those reasons : " First, That in absolv-
ing the marquis, nothing was intended to the prejudice of the
Church of Scotland, but what was done was out of a christian
necessity, it being needful that the marquis should be absolved
before he was admitted to the participation of the holy sacra-
ment. Secondly, He willed the Church to consider that his
absolution at home was only deferred upon the scruple he
made of the presence of our Saviom* in the sacrament, and
that upon his confession, swearing and subscribing the other
points of religion, they themselves had suspended his excom-
munication, the lawfuhiess whereof he would not dispute, but

I

A. D. 1616.] CHURCH OF SCOTLAND. 233

remit the same to the canonists, yet the suspension standing,
it was not much from an absolution. Thirdly, That the ab-
solution given him in England did necessarily imply an
acknowledgment of the authority of the Church of Scotland ;
whereas, if the archbishop of Canterbury had received him to
the holy communion, and not first absolved him, being ex-
communicated by the Church of Scotland, the contempt and
neglect had been a great deal greater. Fourthly, That the
marquis being come into England, and making offer to per-
form whatsoever should be required of him, it was more
fitting to take him in that disposition, than to have delayed
it unto his return into Scotland. For these reasons, he said,
and especially because all that was done was with a due
acknowledgment and reservation of the power and indepen-
dent authority of the Church of Scotland, which the arch-
bishop of Canterbury had by his own hand testified, it was
his pleasure, that upon the marquis his return a full form of
absolution should be given him, or a ratification made of that
which was done in England ; so as neither the archbishop of
Canterbury his doing should be disapproved as unlawful, nor
the same so approved as it might seem that the Church of
Scotland was inferior in any sort to that of England ; and
that the archbishop's letter written to that effect should be
put in record, and kept as a perpetual monument for ages to
come."

This letter directed to the archbishop of St Andrews, I
have thought here meet to be inserted.

" Salutem in Christo.
" Because I understand that a General Assembly is shortly
to be held at Aberdeen, I cannot but esteem it an office of
brotherly love to yield you an account of that great action
which lately befell us here with the marquis of Huntly. So
it was then, that upon the coming up of the said marquis, his
majesty sharply entreating him for not giving satisfaction to
the Church of Scotland, and for a time restraining him from
his royal presence, the marquis resolving to give his majesty
contentment, did voluntarily proffer to communicate when and
wheresoever his highness should be pleased ; whereupon his
majesty being pleased to make known that offer to me, it was

234 THE HISTORY OF THE [a. D. 161G.

held fit to strike the iron whilst it was hot, and that this
great work should he accomphshed hefore his majesty's going
to progress ; whereiinto a good opportunity was offered by
the consecration of the bishop of Ciiester, which was to be in
my chapel of Lambeth the seventh of this month, at which
time a solemn communion was there to be celebrated.

" The only pause was, that the marquis being excommuni-
cated by the Church of Scotland, there was in appearance
some difficulty how he might be absolved in the Church of
England ; wherewith his majesty being made acquainted,
who wished that it should not be deferred, we grew to this
peaceable resolution, which I doubt not your lordship and the
rest of our brethren there will interpret to the best. For,
first, what was to be performed might be adventured upon, as
we esteemed, out of a brotherly correspondency and unity of
affection, and not only of any authority ; for we well know,
that as the kingdom of Scotland is a free and absolute
monarchy, so the Church of Scotland is entire in itself, and
independent upon any other Church. Secondly, we find by
the advice of divers doctors of the civil law, and men best ex-
perienced in things of this nature, that the course of ecclesi-
astical proceedings would fairly permit that we might receive
to our communion a man excommunicated in another church,
if the said person did declare that he had a purpose hereafter
for some time to reside among us, which the lord marquis did
openly profess that he intended, and I know his majesty
doth desire it ; and for my part, I rest satisfied that it can
bring no prejudice, but rather contentment, unto you and
to that kingdom. Thirdly, it pleased God the night be-
fore the celebration of the sacrament to send in our brother,
the bishop of Caithness, with whom I taking counsel, hisj
lordship resolved me, that it was my best way to absolve thei
lord marquis, and assured me that it would be well taken by|
the bishops and pastors of the Church of Scotland. I leave!
the report of this to my Lord Caithness himself, who was an j
eye-witness with what reverence the marquis did participate]
of that holy sacrament. For all other circumstances, I doubtl
not but you shall be certified of them from his majesty,]
whose gracious and princely desire is, that this bruised rcedj
should not be broken, but that so great a personage (whosej
example may do much good) should be cherished and com-

A. D. 1G16.] CHURCH or SCOTI.AND. 235

forted in his coining forward to God ; which I for my part
do hope and firmly bcHeve that you all will endeavour, ac-
cording to the wisdom and prudence which Almighty God
hath given unto you. And thus, as your lordship hath ever
been desirous that I should give you the best assistance I
could with his majesty for the reducing or restraining this
nobleman, so you see I have done it with the best discretion
I could ; which I doubt not but all our brethren with you
will take as proceeding from my desire to serve God and his
majesty, and the whole Church of Scotland. I send you
herewith the form which I used in absolving the lord
marquis in the presence of the lord primate of Ireland, the
lord bishop of London, and divers others. And so beseech-
ing the blessing of God upon you all, that in your Assembly
with unity of spirit you may proceed, to the honour of Christ
and to the beating down of antichrist and popery, I leave
you to the Almighty.

" From my house of Croyden, July 23, 1616."

This letter being showed to the clergy and others that
were offended with the absolution of the marquis, gave them
content ; yet was it resolved that the marquis (who then was
returned from court) should present a supplication to the
General Assembly which was to meet at Aberdeen the
thirteenth of August, acknowledging his offence in despising
the admonitions of the Church, and promising to continue in
the profession of the truth, and make his children to be
educated in the same ; and that upon his supplication he
should be of new absolved according to the form used in the
Church of Scotland. This was very solemnly performed the
first day of the Assembly, the carl of Montrose being then
commissioner for his majesty.

In the Assembly it was ordained, " That forasmuch as his
majesty had by proclamation recalled such as Avere gone
forth of the country to be educated in the colleges of Jesuits
or other popish universities within the space of a year, upon
pain to be declared incapable of succession either to goods or
lands, a trial and exact search should be made of all those
that were sent or gone into foreign parts within these last
ten years ; and that every minister should send a partic-
ular note unto his ordinary of those within his parish that

236 THE IIISTOnY OF THE [a. d. 1616.

were gone to follow their studies in places abroad, with their
age, profession, and families wliereunto they appertained, to
the end they may be known, and the dangers prevented
wherewith their corrupt education did threaten the Church."

It was likewise enacted, " That no man should be permitted
to practise or profess any physic, unless he had first satis-
fied the bishop of the diocese touching his religion : That a
liturgy or book of common prayer should be formed for the
use of the Church : That the Acts of the General Assemblies
should be collected and put in form, to serve for canons to
the Church in their ministration of discipline : That children
should be carefully catechized and confirmed by the bishops,
or, in their absence, by such as were employed in the visita-
tion of churches : That grammar-schools should be estab-
lished in all parishes where the same might be conveniently
done : And that a register should be kept of baptisms,
marriages, and burials by the minister of every parish."

These Acts being put in form, were ordained to be pre-
sented to his majesty by the archbishop of Glasgow and
bishop of Ross, who were sent from the Assembly to entreat
liis majesty's confirmation of the things concluded.

By the answer returned with them, his majesty's good
liking of all that had proceeded in the Assembly was under-
stood ; only against the act of confirming young children by
bishops he excepted, saying it was a mere hotch-potch, and
not so clear as was requisite ; and therefore directed the
same to be reformed, and among the canons of the Church
the articles following to be inserted.

1. That for the more reverent receiving of the holy com-
munion, the same should be celebrated to the people there-
after kneeling and not sitting, as had been the custom since
the reformation of religion.

2. If any good Christian visited with sickness, which was
taken to be deadly, should desire to receive the communion
at home in his house, the same should not be denied to him,
lawful warning being given to the minister the night before ;
and three or four of oood religion and conversation beinjj
present to communicate with the sick person, who must pro-
vide for a convenient place, and all things necessary for the
reverent administration of the blessed sacrament.

A. 1). 1616.] CHURCH OF SCOTLAND. 237

3. That the sacrament of baptism should not be longer
deferred than the next Sunday after the child is born, unless
some great and reasonable cause, declared and approved by
the minister, do require the same. And that in the case of
necessity, tried and known to the minister, it should be law-
ful to administrate baptism in private houses, the same being
always ministered after the form it would have been in the
congregation, and public declaration thereof made the next
Sunday in the church, to the end the child might be known
to have been received into the flock of Christ's fold.

4. Seeing the inestimable benefits received from God by
our Lord Jesus Christ his birth, passion, resurrection, as-
cension, and sending down of the Holy Ghost, have been
commendably remembered at certain particular days and
times by the whole Church of the world ; every minister
from thenceforth should keep a commemoration of the said
benefits upon these days, and make choice of several and per-
tinent texts of scripture, and frame their doctrine and ex-
hortations thereto, rebuking all superstitious observation and
licentious profaning of the said times.

5. The act of confirmation of children, his majesty desired
to be reformed in this manner. Seeing the confirmation of
children is for the good education of youth most necessary,
being reduced to the primitive integrity, it is thought good
that the minister in every parish shall catechize all young
children of eight years of age, and see that they have know-
ledge, and be able to rehearse the Lord's Prayer, the Behef,
and Ten Commandments, with answers to the questions
of the small catechism used in the Church, and that the
bishops in their visitations shall cause the children be
presented before them, and bless them with prayer for the
increase of grace, and continuance of God his heavenly gifts
with them.

The difficulty of admitting these articles being represented
in a humble letter to his majesty by the archbishop of St
Andrews, and a reason given why the same could not be in-
serted with the canons, as having at no time been motioned
to the Church, nor proponed in any of their meetings, he was
(pleased to forbear the pressing of the same for that time,
thinking at his coming into Scotland, which he intended the

238 THE HISTORY OF THE [a. D. 1610.

next summer, to satisfy such as were scrupulous, and to ob-
tain the Ciiurch's consent.

Shortly after a letter was sent to the council, " To assure
them of the king's resolution to visit the kingdom, which he
said did proceed of a longing he had to return to the place of
his breeding, a salmon-like instinct (as ho was pleased to call
it) ; and because he knew that evil-disposed persons would
disperse rumours as if he came to make alterations in the
civil and ecclesiastical estate, he commanded a proclamation
to be made for certifying the subjects of the contrary. It
was true, he said, that he desired to do some good at his
coming, and to have abuses reformed botli in the church and
commonwealth ; yet foreseeing the impediments that his good
intentions would meet with, and regarding the love of his
people no less then their benefit, he would be loath to give
them any discontent ; and therefore willed all his good sub-
jects to lay aside their jealousies, and accommodate them-
selves in the best sort they could for his receiving, and the
entertainment of the noblemen of England who were to ac-
company him in the journey."

The eai-1 of Mar was at this time made treasurer, and
Sir Gideon Murray continued in his deputation. A motion
had been made a little before for appointing a commissioner
or deputy in the kingdom, which was hearkened unto by the
king as that which would ease him of many vexations, and in
his absence maintain a face of court, and breed a great re-
spect among the people ; and so far was that purpose ad-
vanced, as both the king had made offer of the place to the
earl of Mar, and he yielded to accept the same. But
this breaking out and coming to the chancellor's knowledge,
whether that he desired not to have any in place above him-
self, or, as he pretended, wishing the nobleman's good, he
diverted him from accepting that charge, and brought him to
embrace the office of treasurer as the most profitable, and
that which should bring with it a less envy. Sir Gideon had
the intromission of all, as when Somerset was in place, and
did provide things so carefully and with such foresight, as
Avhen the king came, he found nothing lacking that was re-
quired for a royal and princely entertainment.

Among other directions sent from the king, one was for
repairing of the chapel, and some English carpenters were

A. D. 1617.] CHURCH OF SCOTLAND. 239

employed, who brought -with them the portraits of the
apostles to be set in the pews or stalls. As they Avere pro-
ceeding in their work, a foolish and idle rumour went, that
images were to be set up in the chapel ; and, as people arc
given to speak the worst, it was current among them, that
the organs came first, now the images, and ere long they
should have the mass. The bishop of Galloway, then dean
of the chapel, moved with these speeches, did pen a letter to
the king, entreating his majesty " for the offence that was
taken to stay the affixing of these portraits." To this letter
he procured the subscriptions of the archbishop of St
Andrews, the bishops of Aberdeen and Brechin, and divers
of the ministers of Edinburgh.

The answer returned by the king was full of anger, ob-
jecting ignorance unto them that could not distinguish be-
twixt pictures intended for ornament and decoration, and
images erected for worship and adoration ; and resembling
them to the constable of Castile, who being sent to swear the
peace concluded with Spain, when he understood the business
was to be performed in the chapel where some anthems were
to be sung, desired " that whatsoever was sung, God's name
might not be used in it, and that being forborne, he was con-
tent they should sing what they listed ; just so," said the king,
" you can endure lions, dragons, and devils to be ligured in
your churches, but will not allow the like place to the patri-
archs and apostles." His majesty always gave order for some
other form, and staying the erecting of these portraits ;
which in the same letter he said " was not done for ease of
their hearts, or confirming them in their error, but because
the work could not be done so quickly in that kind as was
first appointed." This letter was of the date at Whitehall,
the thirteenth of March 1617.

The king was much laboured to defer his journey to the
next year, whcnas he should find things better prepared ;
but he refusing to hearken to any such motion, made the
greater haste, and in the beginning of May came to Berwick,
where he was met with divers of the council, and by their
advice, the parhament which had been indicted to the
seventeenth of May was prorogued to the thirteenth of June.
All that time which intervened, the king spent in a progress
through the country, making his entry in the special burghs

240 THE HISTOUY OF THE [a. D. 1617.

after a most royal manner, and welcomed with all the ex-
pressions of joy that could be devised.

At the day appointed, the Estates were frequently
assembled, where his majesty had a long speech for the
establishing religion and justice, neither of which, he said,
could be looked for so long as a regard was not had to the
ministers of both. " For rchgion, he complained, that notwith-
standing of the long profession of the truth, numbers of
churches remained unplanted, and of those that were planted
few or none had any competent maintenance ; for this he
wished some course to be taken, and certain commissioners to
be chosen for appointing to every church a perpetual local
stipend, such as might suffice to entertain a minister, and make
him able to attend on his charge. Of justice he discoursed
long, remembering the pains ho had taken as well when he
lived among them as since his going into England, and how he
had placed justices and constables (a most laudable kind of
government) for the preserving of peace and the keeping of
the laws in due regard, which he understood, as he said, to bo
much neglected, partly in default of some that were named
to those places and held it a scorn to be employed in such a
charge, and partly by the opposition which the lords and
great men of the country made unto them, and to their
setthng. But he would have both the one and the other to
know, that as it was a place of no small honour to be a
minister of the king's justice in the service of the common-
wealth, so he did esteem none to deserve better at his hands
than they who gave countenance thereto ; as, on the other
part, whosoever should show themselves hinderers thereof
should be accounted with him enemies to his crown and the
quiet of the kingdom. In end, be said, that he had long
striven to have the barbarities of the country, which they
knew to be too many, removed and extinct, and in place
thereof civihty and justice established ; and that he would
still endeavour to do his best that way, till he might say of
Scotland as one of the emperors said of Rome, " inveni laUr-
itiam, relinquo marmoreavx."

The king having closed and the lords gone apart to choose
those that should be upon the Articles, the humours of some
discontented lords began to kithe ; for whosoever were by
the king recommended as fit persons, were passed by as men

f

A. D. 1617.] CHURCH OF SCOTLAND. 241

suspected, and otliers named who stood worse aifected to his
majesty's service. Another question they made for admit-
ting the officers of state, refusing to admit any but the
chancellor, treasurer, secretary, and clerk of the rolls. This
being long and sharply debated, was in end agreed by the
admission of the whole number.

Among the Articles proponed, the first was, of his
majesty's authority in causes ecclesiastical ; concerning which
it was desired to be enacted, " That whatsoever conclusion
was taken by his majesty with advice of the archbishops and
bishops in matters of external policy, the same should have
the power and strength of an ecclesiastical law." The bishops
interceding did humbly entreat that the article might be
better considered, for that m making of ecclesiastical laws,
the advice and consent of presbyters was also required. The
king replying, " That he was not against the taking of minis-
ters their advice, and that a competent number of the most
grave and learned among them should be called to assist the
bishops ; but to have matters ruled as they have been in
your General Assemblies I will never agree, for the bishops
must rule the ministers, and the king rule both, in matters
indifferent and not repugnant to the Word of God." So the
article passed in this form, " That whatsoever his majesty
should determine in the external government of the Church,
with the advice of the archbishops, bishops, and a competent
number of the ministry, should have the strength of a law."

This coming to the ministers' ears, they began to stir as if
the whole rites and ceremonies of England were to be
brought upon them without their consents ; whereupon the
ministers that were in town were called together and warned
to be quiet, for that such a general act did not lay upon them
any bond ; and if any particular was urged, the same should
be communicated to them, and nothing concluded without
their consents. It was farther told them, that there would
not be wanting informations enough to stir them up unto
uuquietness, but that they should do well not to irritate his
majesty, whom they knew to be a gracious prince, and one
that would hear reason, and give way to the same. This
they did all promise ; yet, upon the suggestion of some dis-
contented people, the very next day, Mr William Struthers,
one of the ministers of Edinburgh, did unhappily break out

VOL. III. 16

242 THE HISTORY OF THE [a. D. 1G17.

in his sermon upon these matters, condemning the rites re-
ceived in the Church of England, and praying God to save
Scotland from the same. This reported to the king by some
of the English doctors that were his hearers, he became
greatly incensed. But the ministers, not contented with this,
did the same day in the afternoon tumultuously convene and
form a protestation in the words following : —

" J.Iost gracious and dread Sovereign, most honourable
Lords and remanent Commissioners of this present Parlia-
ment, we the ministers of Christ's evangel, being here con-
vened from all the parts of this your majesty's kingdom, do
in all reverence and submission entreat your majesty's and
honour's patient and favourable hearing of this our reasonable
and humble supplication. And first it will please your high-
ness and honourable Estates presently convened to be in-
formed, that we are here a number of the ministry out of
all the parts of the kingdom, and that the bishops have
protested to a great many of us since our coming, that
nothing should be agreed nor consented unto by them in this
present parliament, in matters concerning the discipline and
order of the Church, without our knowledge and advice,
affirming that neither we nor they have any power to
consent to any novation or smallest change of the order
estabhshed, without the advice of the General Assembly ;
whereupon we resting in security, have received a sudden
report of an article to pass for a law in this parliament,
decerning and declaring that your majesty, Avitli the advice
of the archbishops and bishops, and such a competent number
of the ministry as your majesty out of your wisdom should
think expedient, shall in all time coming have full power to
advise and conclude all matters of decency, and wdiich any
way may concern the policy of the Church, and that such
conclusions shall have the strength and power of laws
ecclesiastical ; wherein it will please your majesty and
honourable Estates to hear our just griefs, and to consider
our reasonable desires, and not to put us, your majesty's
humble subjects, to that poor and simple part of protestation,
which, if remedy be not provided, we shall be forced to use,
fur the freedom of our Church and discharge of our con-
sciences.

A. D. 1617.] CHURCH OF SCOTLAND. 243

" We then first plead our reformation, and that the purity
of our Church iu doctrine, ministration of the sacraments,
discipline and all convenient order, with the host reformed
churches in Europe, hath been acknowledged rather as a
pattern to be followed of others, than that we should seek
our reformation from those that never attained to that per-
fection which we, by the mercy of God, this long time past
have enjoyed under your highness's protection.

" Next we plead the hberty of our Church, which, by the
laws of your majesty's kingdom and divers Acts of Parlia-
ment, is established with power of public meetings and
annual assemblies, and allowance to make canons and consti-
tutions, such as may serve for the comely order thereof; all
which by this conclusion that is intended will be utterly over-
thrown.

" Thirdly, we plead for the peace and tranquiUity of our
Church, that, being nearest the divine and apostolical insti-
tution, hath lived without schism and rent in itself, and by
introduction of any novelty against order may be miserably
divided, aud so our peace broken.

" Fourthly, we have been at divers times sufficiently
secured from all suspicions of innovation, and specially by
your majesty's letter sent down this last winter, to take
away all fear of any alteration which might arise upon your
majesty's lovingly-intended journey ; which letter, by your
majesty's special will and direction of your highness's council,
was intimated in pulpits ; as also by that proclamation given
out the twenty -sixth of September 1616, when rumours of an
intended conformity with the Church of England were dis-
persed, whereby your majesty sufficiently avoided all such
suspicion, and settled the hearts of honest men in a confidence
that no such thing should be attempted.

" These and many other reasons have moved us in all
reverence, by this our humble supplication, to entreat your
highness and honourable Estates, not to suffer the afore-
named article, or any other prejudicial to our former
liberties, to pass at this time, to the grief of this poor Church ;
that the universal hope of thousands in this land, who re-
joiced at your majesty's happy arrival, be not turned into
mourning ; wherein as we are earnest supplicants to God to
incline your majesty's heart this way, as the most expedient

244 THE HISTORY OF THE [a. D. 1617

for the honour of God and weal of your subjects, so if we
shall be frustrated of this our reasonable desire, then do we in
all humility (with that dutiful acknowledgment of our loyalty
to your majesty as becometh) protest for ourselves and all
our brethren that shall adhere to this our protestation, that
as we are free of the same, so must we be forced rather to
incur the censure of your majesty's law, than to admit or
obtemper any imposition that shall not flow from the Church
orderly convened, or others having power from the same."

This protestation was subscribed by Mr Archibald Simp-
son, minister at Dalkeith, in name of the brethren and
supplicants. In another paper, the ministers who were
present set down their names each of them with his own
hand, for a testimony of their concurrence, which was com-
mitted to the said Mr Archibald in custody. But as it
falleth out in things unadvisedly done, and in the heat of
humour, the principals in that business, quickly forethinking
that which they had done, came the next morning eai'ly to
the archbishop of St Andrews, entreating him to stop the
presenting thereof, which they showed he might easily do,
by taking the same from Mr Peter Hewet, in whose hands
it was given to present.

This man, being one of the ministers of Edinburgh, had
lately before been preferred to the abbacy of Crossraguel,
and having thereby a place in the Parliament House, was
held the most fitting to present the protestation, which he
willingly undertook ; for he loved ever to be meddling, and
was always set to make trouble. The parliament was that
day to close, and the archbishop knowing how ill the king
would take their doing, went the more timely to the palace :
where meeting with the abbot, he asked him concerning the
protestation, desiring to see it ; and having perused a few
lines, began to rebuke him for taking in hand such a busi-
ness. He making some excuse, and saying, it was a protesta-
tion only which could not offend, put forth his hand to take
back the paper ; but the archbishop holding it fast, the
protestation was nearly rent betwixt them. It happened one
of the grooms (called John Livingston) to see them at strife,
for they had met in the private gallery near to his majesty's
chamber, who showing the king what he had seen, his

\

A. D, 1617.] CHURCH OF SCOTLAND, 245

majesty came forth, being as yet uDdresscd, and asked what
the matter was. The archbishop answered, " That a num-
ber of ministers having fi-amed a protestation against the
article of his majesty's prerogative, had given it to the man
that he had made abbot to present, and that he had under-
taken to do the same ; for which he had been chiding him,
it being an un dutiful part in him, without once signifying
the matter to his ordinary, to take such a business in hand."

The man falling upon his knees and trembhng, said,
" That he supposed the protestation would never offend his
majesty, aud that he had promised to present the same in
parliament ; but now that it appeared to him otherwise, he
would no more meddle therewith."

The king taking the protestation and perceiving it sub-
scribed by one only minister, inquired who those others
were that convened. The abbot answered that they had all
signed a paper besides, which the subscriber kept by him for
his warrant. Then the king, commanding the bishop to keep
the protestation, went to prepare himself for the meeting,
and suspecting that some other might come and protest
against the article, commanded the Register, Sir George
Hay (who, upon the death of Sir Alexander Hay, had been
preferred to the office the year before), to pass by that
article as a thing no way necessary, the prerogative of his
crown bearing him to more than was declared by it. Thus,
■when the hour of meeting came, the Register, as he was com-
mauded, laying by that article, caused read the others that
were concluded, as the custom is, and the same being assented
to by the Estates, were ratified by his majesty. Thereafter,
the king in a most grave speech, having commended the
execution of the laws made to the Judges and other inferior
magistrates, gave the Estates a most kind and loving fare-
well.

The same night the bishops had warning given them
to meet his majesty at St Andrews the tenth of July,
whither he minded to call the principal ministers also, that
they might know his mind before he went away. The diet
held as was appointed, and there assembled with the bishops
the ministers of chief account, to the number of thii'tj^-six,
who being convened in the chapel of the castle, the king did
speak to them to this purpose : —

246 THE HISTORY OF THE [a. D. 1617.

" What and how great my care hath been for this Church,
as well before as since ray going into England, is so well
known to you all, a.s I neither need, nor do I mean to speak
much of it, lest any should think I am seeking thanks for
that I have done. It sufficeth me that God knows my in-
tention is, and ever was, to have his true worship maintained,
and a decent and comely order established in the Church.
But of you I must complain, and of your causeless jealousies,
even when my meaning towards you is best. Before my
coming home to visit this kingdom, being advertised that in
your last Assembly an act was made for gathering the canons
of the Church, and putting them in form, I desired a few
articles to be inserted ; one was for the yearly commemora-
tion of our Saviour his greatest blessings bestowed upon
mankind, as his nativity, passion, resurrection, ascension, and
the descent of the Holy Spirit ; another for the private
use of both sacraments in urgent and necessary cases; a
third for the reverent administration of his holy supper ; and
a fourth for catechizing and confirming young children by
bishops. It was answered, that these particulars had not
been moved in any of the Church Assemblies, and so could not
be inserted with the rest ; which excuse I admitted, and was
not minded to press them any more till you, after advice, did
give your consent thereto ; yet when in the late parliament
I desired my prerogative to be declared in the making of the
ecclesiastical laws, certain of your number did mutinously
assemble themselves, and form a protestation to cross my
just desire. But I will pass that amongst many other wrongs
I have received at your hands. The errand for which I
have now called you is, to hear what your scruples are in
these points, and the reasons, if any you have, why the
same ought not to be admitted. I mean not to do any
thing against reason ; and, on the other part, my demands
being just and religious, you must not think that I will be
refused or resisted. It is a power innated, and a special
prerogative which we that are Christian kings have, to order
and dispose of external things in the policy of the Church,
as we by advice of our bishops shall find most fitting ; and
for your approving or disapproving, deceive not yourselves,
I will never regard it, unless you bring me a reason which 1
cannot answer."

A. D. 1G17.] CHUKCII OF SCOTLAND. 247

The ministers, at these words, fixlling on their knees, did
beseech his majesty to think of them as his most humble and
obedient subjects, and to permit them to confer a little space
among themselves, that they might return with an uniform
answer. This granted, they went to the parish church, and
after some two hours returned, making petition for a General
Assembly, wherein these articles being proponed might be
with a common consent received. The king asking " what
assurance he might have of their consenting," they answered,
" that they found no reason to the contrary, and knew the
Assembly would yield to any reasonable thing demanded by
his majesty." " But if it fall out otherwise," said the king,
" and that the articles be refused, my difficulty shall bo
greater, and when I shall use my authority in establishing
them, they shall call me a tyrant and persecutor." All
crying that none could be so mad as to speak so, " Yet ex-
perience," says the king, " tells me it may be so ; therefore
unless I be made sure, I will not give way to an Assembly."
Mr Patrick Galloway saying, that the bishop of St Andrews
should assure for them, the bishop refused, for that he had
been deceived by them, they having against their promise in
the time of parliament taken the course which they did.
Then said Mr Patrick, " If your majesty will trust me, I
will assure for the ministers." The king replying that he
would trust him, it was condescended that an Assembly
should be called for that end, at St Andrews, the twenty-
fifth of November next.

Mr Archibald Simpson, the subscriber of the protestation,
had been called to this meeting, but falling sick by the way,
he excused himself by a letter, and therein was earnest to
have the brethren oppose the articles, which he called tricas
Anglicanas, using some other disdainful words. The letter
being showed to the king, he asked for the bearer. This
was Mr David Calderwood, who, carrying himself unreve-
rently, and breaking forth into speeches not becoming a sub-
ject, was committed in the town-house of St Andrews, and
afterwards banished the kingdom. Simpson for his letter
was warded in the castle of Edinbui-gh, where he remained
unto December following.

The king after this, taking his journey to London by the
west parts, was all the Avay through Scotland royally enter-

248 THE IllS'iOIlY OF THE [a. d. 1G17.

tained, and at Dumfries had a farewell sermon preached by
the bishop of Galloway, which made the hearers to burst
out in many tears.

When the diet of the Assembly came, the earl of Had-
dington and viscount of Stormont were sent thither as com-
missioners from his majesty. The archbishop made the ex-
hortation, " wherein having deduced the story of the Church
from the time of- Reformation, he showed that the greatest
hindrance the Church received proceeded from the ministers
themselves, who for the pleasure of ill-disposed i)cople spared
not to provoke his majesty to just anger, exhorting them for
the glory of God, the honour of the gospel and their own
good, to take another com'se, and prefer the favour of their
king, under whom they enjoyed so many blessings, to the
vain applause of factious persons."

It seemed at first that matters should have gone well.
For the first two days there was much calmness, and the
reasoning very formal and free ; but then upon a motion
to delay the conclusion to another Assembly, that the minis-
ters might have time to inform the people of the equity of
the articles, the greater part went that way, and almost all
cried for a delaj'.

His majesty's commissioners declaring that the king would
take in ill part the delay, and that nothing should be done,
considering the promises they had made, if a General Assem-
bly should be granted, to receive the whole articles, a fashion
Avas made of condescending to private communion, and the
ministers ordained to give the elements in the ministration of
the holy supper out of their own hands to the people ; which
two acts, with a letter of excuse for the continuance of the
rest, were sent to his majesty. How the same was accepted
may appear by the answer that came a few days after, which
was this : —

" We have received your letter, and thereby understand
what your proceedings have been in that Assembly of St
Andrews ; concerning which we will have you know, that
we are come to that age as we will not be content to be fed
with broth, as one of your coat was wont to speak, and think
this your doing a disgrace no less than the protestation it-
self. Wherefore it is our pleasure, and we command you,
as you will avoid our high displeasure, the one of you by

A. D. 1()17.] CHURCH OF SCOTLAND. 249

your deputy in St Andrews, and by yourself in Edinburgh, and
the other of you in Glasgow, keep Christmas-day precisely,
yourselves preaching, and choosing your texts according to the
time. And likewise, that ye discharge all modification of sti-
pends for this year to any minister whatsoever, such excepted
as have testified their affection to our service at this time, by
farthering at their power the acceptation of the articles pro-
posed ; and in the premises willing you not to fail, we bid
you farewell. — Newmarket, the sixth of December, 1617."

In a postscript to the same letter, it was said — " So many
bishops as you can get warned in time to preach at their sees
on Christmas-day, urge them to it. Thus much in haste for
this time ; after two or three days ye shall hear further from
us." With his majesty's own hand, after all, was written —
" Since your Scottish Church hath so far contemned my cle-
mency, they shall now find what it is to draw the anger of
a king upon them."

This letter was directed to the archbishops of St Andrews
and Glasgow. The other which followeth to St Andrews
him alone.

" After we had commanded the despatch of our other let-
ter, we received an extract concluded (we know not how) in
your Assembly, and subscribed by the clerk thereof; the
one concerning private communion, and the otlier touching
the form to be used at the receiving of the holy sacrament ;
both so hedged, and conceived in so ridiculous a manner, as
besides tliat, of the whole articles proponed, these two were
the least necessary to have been urged and hastened, the
scornful condition and form of their grant makes us justly wish
that they had been refused with the rest. For in the first
place, concerning the communion allowed to sick persons, be-
sides the number required to receive with such patients, and
a necessity tying them upon oath to declare that they truly
think not to recover, but to die of that disease, they are yet
farther hedged in with a necessity to receive the sacrament
(in case aforesaid to be ministered unto them) in a convenient
room ; which what it importeth we cannot guess, seeing no
room can be so convenient for a sick man (sworn to die) as
his bed, and that it were injurious and inhumane from thence
in any case to transport him, were the room never so neat
and handsome to which they should carry him.

250 THE HISTOUY OF THE [a. d. 1617.

" And as to that other Act, ordaining the minister himself
to give the elements, in the celebration, out of his own hand to
every one of the communicants, and that he may perform
this the more commodiously, by the advice of the magistrates
and honest men of his session, to prepare a table at which
the same may be conveniently ministered ; truly in this we
must say that the minister's ease and commodious sitting on
his tail hath been more looked to than that kneeling which,
for reverence, we directly required to be enjoined to the
receivers of so divine a sacrament ; neither can we conceive
what should be meant by that table, unless they mean to make
a round table (as did the Jews) to sit and receive it. In con-
clusion, seeing either we and this Church here must be held
idolatrous in this point of kneeling, or they reputed rebel-
lious knaves in refusing the same, and that the two fore-
said acts are conceived so scornfully, and so far from our
meaning, it is our pleasure that the same be altogether sup-
pressed, and that no effect follow thereupon. So we bid you
farewell. — Neiuinarket, the 11th of December, 1617."

These letters were accompanied with another to the coun-
cil, for " inhibiting the payment of stipends to any of the
rebellious ministers refusers of the said articles either in
burgh or landward, till they did show their conformity, and
that the same was testified by the subscriptions of the pri-
mate or ordinary bishop." Wliich letters being showed to
the ministers of Edinburgh, and others that happened to re-
pair to that city for augmentation of stipends, did cast them
into a great fear ; and repenting their wilfulness, as they had
reason, became requesters to the archbishop of St Andrews
to preach as he was commanded on Christmas-day at Edin-
burgh, trusting his majesty should be mitigated by his obe-
dience and intercession for the rest. Neither did he fail to
use his best means for diverting the king from these rigorous
courses, and after a little time (so loath was his majesty to
exerce any rigour against ministers) obtained a warrant
for staying the execution of the former letters, till their be-
haviour should be tried in the particular synods, and their
disposition for accepting the articles.

. Mr Archibald Simpson, who all this while remained pris-
oner in the castle of Edinburgh, hearing that the king was
so greatly displeased, did supplicate the lords of his majesty's

A. D. 1618.] CHUUCH or SCOTLAND, 251

commission (by whose command ho was committed) for
liberty, " promising not to fall again in the like errors, and
professing a great sorrow for his meddling with the protes-
tation ; as likewise for writing that letter wherein he had
taxed the Church of England." Being brought before the
commission, after he had set his hand to his supplication, he
was permitted to return to his charge at Dalkeith. Yet ere
many days passed, finding the countenances of the holy breth-
ren cast down upon him, he dispersed an apologetic (as he
entitled it), wherein, making a gloss upon every word of his
confession, he concluded, " that whatsoever weakness or
frailty had befallen him, he hoped to be like Peter, qui ore
7iegavit, et corde confessus est, and never to betray the Lord's
cause with Judas." This I have remembered by the way,
to make the humours of these men seen, and the small re-
gard they take of saying and gainsaying, when it maketh
for their purpose.

But to proceed. The bishops, upon advertisement given
them, convened at Edinburgh the twenty -ninth of January,
and considering the hurt that the Church might receive
if the commission granted in parliament for provision of
ministers (which was to expire at Lammas next) should
take no effect, did by a common letter entreat his majesty
for a warrant to proceed in that commission, giving hopes
that, in their synods, they should induce the ministers to
obey.

The answer returned in February next was to this effect :
— " That howbeit his majesty did interpret well their doings,
as intended for the good of his service ; yet, considering the
obstinate resistance of the ministers to all his just and reli-
gious desires, he could not expect any thing from them in
their meetings but a farther expression of their former mis-
behaviour. Not the less as he had once already, upon the
archbishop of St Andrews his entreaty, suspended the exe-
cution of his last directions, so at their requests he was
pleased that the commissioners for stipends should meet and
go on with the providing of churches, they, in the meantune,
in their own persons and in their own cathedrals, observing
the festivities that should intervene betu-ixt and the synods,
and ministering the holy communion with the reverence re-
quired, at the feast of Easter next." Thus were matters

252 THH iiisTouy OF THE [a. u. IGIS.

pacified for that time, and the commission for augmentation
of stipends by the warrant of this letter put in practice.

INIost of tlie next summer was spent in that work, but witli
greater detriment than benefit to the Church; for what
augmentation soever was granted, the same was recompensed
to the givers by prorogation of their former leases for num-
bers of years, and thei-eby the Church more damnified than
bettered.

In the synods all things were carried with reasonable quiet-
ness, so as, upon the bishop's humble request, license was
granted for meeting in a General Assembly, and the same
indicted at Perth the tv« cnty-fifth of August. The Lords
Haddington, Carnegy, and Scone, were commissioners in
this Assembly for the king, who, upon the end of the sermon,
presented his majesty's letter, conceived as followeth : —

" We were once fully resolved never in our time to have
called any more Assemblies there for ordering things con-
cerning the policy of the Church, by reason of the dis-
grace offered unto us in that late meeting at St Andrews,
wherein our just and godly desires were not only neglected,
but some of the articles concluded in that scornful manner, as
we wish they had been refused with the rest ; yet at this
time we have sufi"ered ourselves to be entreated by you our
bishops for a new convocation, and have called you together
who are now convened for the self-same business v.hich then
was urged, hoping assuredly that you will have some better
regard to our desires, and not permit the unruly and igno-
rant multitude, after their wonted custom, to oversway the
better and more judicious sort ; an evil which we have gone
about with much pains to have had amended in these Assem-
blies ; and for that purpose, according to God's ordinance
and the constant practice of all well-governed churches, we
have placed you that are bishops and overseers of the rest,
in the chiefest rooms. You plead much, we perceive, to
have tilings done by consent of the ministers, and tell us
often, that what conccrneth the Church in general should be
concluded by the advice of the whole ; neither do we alto-
gether dislike your opinion, for the greater is your consent
the better are wc contented. But we will not have you to
think, that matters proponed by us of the nature whereof

A. 1). 1G18.] OIIUUCH OF SCOTLAND. 253

these articles are, may not without such a general consent be
enjoined by our authority.

" This were a mis-knowing of your places, and withal a
disclaiming of that innate power which we have by our call-
ing from God, whereby we have place to dispose of things
external in the Church as we shall think them to be conveni-
ent, and profitable for advancing true religion among our sub-
jects. Wherefore let it be your care, by all manner of Avise
and discreet persuasions, to induce them to an obedient yield-
ing to these things, as in duty both to God and us they
are bound ; and do not think we will be satisfied with de-
lays, mitigations, and other, we know not what, shifts have
been proponed ; for we will not be content with any thing
but a simple and direct acceptation of these articles in the
form sent by us unto you a long time past, considering both
the laM'fulness and undeniable convenience of them, for the
better furtherance of piety and religion, the estabhshing
whereof it had rather have becomed you to beg of us, than
that we should have needed thus to urge the practice of them
upon you.

" These matters indeed concern you of the ecclesiastical
charge chiefly ; neither would we have called noblemen,
barons, and others of our good subjects to the determination
of them, but that we understand the offence of our people hath
been so much objected ; wherein you must bear with us to
say, that no kingdom doth breed, or hath at this time more
loving, dutiful, and obedient subjects than we have in that
our native kingdom of Scotland ; and so, if any disposition
hath appeared to the contrary in any of them, we hold the
same to have proceeded from among you, albeit of all sorts
of men ye are they that both of duty were bound, and by
particular benefits obliged, to have continued yourselves, and
confirmed others by sound doctrine and exemplary life, in a
reverent obedience to our commandments. What and how
many abuses were offered us by divers of the ministry
there, before our happy coming to the crown of England, we
can hardly forget, and yet like not much to remember ;
neither think we that any prince living should have kept
himself from falling in utter dislike with the profession itself,
considering the many provocations that were given unto us ;
but the love of God and his truth still upheld us, and will

254 THE HISTORY OF THE [a. D. 1618.

by his grace so do unto the end of our life. Our patience
always in forgetting and forgiving of many faults of that
sort, and constant maintaining of true religion against the
adversaries (by whose hateful practices we live in greater
peril than you all or any of you), should have produced
better effect among you than continual resistance of our best
purposes. We wish that we be no more provoked, nor the truth
of God which you teach and profess any longer slandered, by
such as under the cloak of seeming holiness walk disorderly
amongst you, shaking hands as it were and joining in this
their disobedience to magistracy with the upholders of popery.
In sum, our hearty desire is, that at this time you make the
world see by your proceedings what a dutiful respect you
bear to us your sovereign prince, and natural king and lord ;
that as we in love and care are never wanting to you, so ye
in an humble submission to our so just demands be not found
inferior to others our subjects in any of our kingdoms. And
that the care and zeal of the good of God's Church, and of
the advancing of piety and truth, doth chiefly incite us to the
following of these matters, God is our witness ; the which
that it may be before your eyes, and that according to your
callings you may strive in your particular places, and in this
general meeting, to do those things which may best serve to
the promoving of the gospel of Christ, even our prayers are
earnest unto God for you ; requiring you in this and other
things to credit the bearer hereof, our trusty servant and
chaplain, the dean of Winchester, whom Ave have expressly
sent thither, that he may bring unto us a certain relation of
the particular carriages of all matters, and of the happy event
of your meeting, which, by God's blessing (who is the God
of order, peace, and truth), we do assuredly expect ; unto
whose gracious direction we commend you now and for ever.
" Given at Theobalds, the 10th of July 1618."

The letter being read once and again, as the custom is to
do with letters of such importance, the archbishop of St
Andrews resumed shortly the heads thereof, advising them,
as he had done in his exhortation, to consider the inconve-
niences they should draw upon the Church by the refusal of
the articles. After which the rolls being called, certain of
the most wise and discreet ministers were set apart to confer

i

A. D. 1618.] CHURCH OF SCOTLAND. 255

Upon the articles. How matters proceeded in the said As-
sembly you may learn by the defence afterwards published,
in answer to a lying and seditious pamphlet that came forth
in print against the conclusions there taken. To our story
it shall suffice, that after long reasoning, first in the confer-
ence, and then in the full Assembly, the Articles were con-
cluded in this form : —

" 1. Seeing we are commanded by God himself, that when
we come to worship him, we fall down and kneel before the
Lord our Maker, and considering withal that there is no
part of divine worship more heavenly and spiritual than is
the holy receiving of the blessed body and blood of our Lord
and Saviour Jesus Christ, likeas the most humble and re-
verent gesture of our body in our meditation and the lifting
up of our hearts best becometh so divine and sacred an
action ; therefore, notwithstanding that our Church hath used
since the reformation of religion to celebrate the holy com-
munion to the people sitting, by reason of the great abuse of
kneeling used in the idolatrous worship of the sacrament by
the papists, yet seeing all memory of bypast superstitions is
past, in reverence of God and in due regard of so divine a
mystery, and in remembrance of so mystical an union as we
are made partakers of, the Assembly thinketh good, that the
blessed sacrament be celebrated hereafter, meekly and rever-
ently upon their knees.

" 2. If any good Christian visited with long sickness, and
known to the pastor, by reason of his present infirmity, to be
unable to resort to the Church for receiving the holy com-
munion, or being sick, shall declare to the pastor, upon his
conscience, that he thinks his sickness to be deadly, and shall
earnestly desire to receive the same in his house, the minister
shall not deny him so great a comfort, lawful warning being
given to him the night before, and that there be three or
four of good religion and conversation, free of all lawful
impediments, present with the sick person, to communicate
with him, who must also provide a convenient place in his
house, and all things necessary for the reverent administra-
tion thereof, according to the order prescribed in the Church.
•' 3. The minister shall often admonish the people that
they defer not the baptizing of infants any longer than

256 THE HISTORY OF THE [a. d. 1618.

the next Lord's-day after the child be born ; unless, upon a
great and reasonable cause declared to the minister, and by
him approved, the same be continued. As also they shall
warn them, that, without great cause, they procure not their
children to be baptized at home in their houses ; but when
great need shall compel them to baptize in private houses (in
which case tlie minister shall not refuse to do it, upon the
knowledge of the groat need, and being timely required
thereto), then baptism shall be administered after the same
form as it should have been in the congregation : and the
minister shall, the next Lord's-day after any such private
baptism, declare in the Church that the infant was so bap-
tized, and therefore ought to be received as one of the true
flock of Christ's fold.

" 4. Forasmuch as one of the special means for staying the
increase of popery, and settling of true religion in the hearts
of people is, that a special care be taken of young chil-
dren, their education, and how" they are catechized ; which in
time of the primitive Church most carefully was attended, as
being most profitable to cause young children in their tender
years drink in the knowledge of God and his religion, but is
now altogether neglected, in respect of the great abuse and
errors which crept into the popish church by making thereof
a sacrament of confirmation ; therefore, that all superstitions
built thereupon may be rescinded, and that the matter itself,
being most necessary for the education of youth, may be
reduced to the primitive integrity, it is thought good that
the minister in every parish shall catechize all young chil-
dren of eight years of age, and see that they have the know-
ledge and be able to make rehearsal of the Lord's Prayer,
Belief, and Ten Command nw?nts, with answers to the questions
of the small catechism used in our Church, and that every
bishop, in his visitation, shall censure the minister who shall
be found remiss therein ; and the said bishops shall cause the
said children to be presented before them, and bless them
with prayer for the increase of their knowledge, and the
continuance of God's heavenly graces with every one of them.

" 5. As we abhor the superstitious observation of festival
days by the papists, and detest all licentious and profane
abuses thereof by the common sort of professors, so we
think that the inestimal)le benefits received from God, by

1

A. D. 1618.] CHURCH OF SCOTLAND. 257

our Lord Jesus Christ, his birth, passion, resurrection, ascen-
sion, and sending down of the Holy Ghost, were commend-
ably and godly remembered at certain particular days and
times by the whole church of the world, and may also be
now ; therefore, the Assembly ordaineth that every minister
shall upon these days have the commemoration of the fore-
said inestimable benefits, and make choice of several and per-
tinent texts of scripture, and frame their doctrine and exhor-
tations thereto ; and rebuke all superstitious observation and
licentious profanation thereof."

These Articles concluded, order was given to intimate the
same in all the parish churches, and the ministers enjoined to
inform their people of the lawfulness thereof, and exhort them
to obedience. But this being neglected of the greater part,
was not the least cause of the distractions that ensued, espe-
cially in the Church of Edinburgh, where the people being
still fostered in an opinion that their ministers would not go
from their former practice, when they saw them give obe-
dience, withdrew themselves in great numbers, and ran to
seek the communion from other ministers they knew to be
refractory. His majesty always, upon advertisement that
the Articles were concluded, caused publish the same at the
market-crosses of the pi'incipal burghs, commanding the sub-
jects to obey and conform themselves, under the pain of his
highness's displeasure.

At the same time, the king being informed that the earl of
Argyle (who the summer preceding had obtained license,
upon a pretext of some infirmity, to go unto the Spadan
Wells) was revolted from the religion, and that he enter-
tained some secret practice with old MacRannald for dis-
turbing the country, did recall his license, and ordained him
to be cited, upon threescore days, to appear before the coun-
cil. He not appearing at the time appointed, was denounced
rebel, and process of forfeiture intended against him. Whe-
ther he was perverted by his English lady, who was popish,
or that to gain the favour of Spain he did change his reli-
gion, is doubtful ; but thereby he lost his majesty's favour
(who could never endure an apostate papist), and undid his
own reputation. Some few years after he made means for
his peace, and was permitted to return unto England.

VOL, in. 17

258 THE HISTORY Ol" THE [a. d. 1(JU>.

In the month of November a comet or blazing star of more
than ordinary bigness shined many nights together. It was
held to portend great calamities, and was interpreted by
divers to have foreshowed the troubles that shortly after
arose in Germany. Bnt as every one is ready to make his
own construction of such things, some with us did take it to
foretell the death of our noble Queen Anne, who deceased
some months after, to the great regret of all honest subjects ;
a courteous and humane princess, and one in whom there was
much goodness.

It was in this year that the synod of Dordrecht, in Hol-
land, was gathered for repressing the Arrainians, and thither
did the troublers of our Church (thinking to procure their
approbation) direct a relation of the government of the Scot-
tish Church. But the synod declining all questions of disci-
pline, held themselves to the points of doctrine controverted ;
and having condemned the five articles wherein the Armi-
nians dissented from the reformed churches, the Acts of Perth
Assembly being also five in number, it was given out among
the vulgar sort, that they had condemned the synod of Perth ;
and for a time was the people entertained by some ministers
in those conceits. The relation was confuted a little after,
and the falsehood thereof discovered ; yet they ceased not
by their Ubels and pamphlets to injure the most worthy men,
and among others the bishop of Galloway, whom they vexed
so with their papers, as he, taking the business more to heart
than was needful, fell in a sickness, whereof he deceased in
the beginning of the same year. An excellent and ready
preacher he was, and a singular good man, but one that
affected too much the applause of the popular. The good
opinion of the people is to be desired, if it may be had law-
fully ; but when it cannot be obtained (as who is he that can
please all men and at all times ?) the testimony of a well-
informed conscience should suffice. Mala opinio bene parta
delectat, said Seneca, an ill opinion well purchased (that is,
for sustaining a good cause, or keeping a straight course)
shoidd work us joy and delight, not grieve us at all.

Upon the death of Bishop William Cowper, Mr Andrew
Lamb was translated to Galloway, to Avhom succeeded in
Brechin Mr David Lindsay, then minister at Dundee. At
Edinburgh, betwixt the magistrates and ministers, a great

A. D. 1620.] CHURCH OF SCOTLAND. 259

strife and discontent was raised, because of the people's
straying from their churches, at which the magistrates were
thought to connive. Their usurpation, besides, in church
affairs, especially the intruding of a clerk upon the church
session, did minister no small cause of offence. The matter
was brought before the king, where, in behalf of the minis-
ters, it was said, "'' That they were unkindly entreated for the
obedience given to the Acts of Perth Assembly ;" the magis-
strates, by their commissioner, did on the other side inform,
" That the ministers were the cause of the people's disobedi-
ence, some of them having directly preached against the Acts
of Perth, and all of them affirmed that these Acts were con-
cluded against their hearts."

His majesty remitting the trial of these complaints to his
secretary, and to the archbishops of St Andrews and Glas-
gow, whenas they had examined the same, it appeared that
both the one and the other were in fault, and that the mis-
takings among them were not the least cause of the disorders
in that church, whereupon they were admonished to lay
aside their grudges, and to keep one course for the retaining
the people in the obedience of God and his majesty. The
magistrates and council were likewise commanded, as the
king had given direction, to provide four other ministers,
besides those that were in present service, and perfect the
division of the town in parishes, which had been often pro-
mised. And so shortly after this, were Mr William Forbes,
minister at Aberdeen, Mr John Guthrie, minister at Perth,
Mr John Maxwell, minister at Mortlach, and Mr Alexander
Thomson, minister at Cambuslang, translated from their
several churches, and placed ministers at Edinburgh.

The next year, being the year 1620, the wars of Bohemia
growing hot, and the Palatinate invaded, the king took in
mind the defence of his daughter and grandchildren in their
patrimony ; and because a supply of monies was required to
such a business, the council was desired to travail with the
noblemen, the members of session, and the town of Edin-
burgh, for a voluntary contribution, knowing that others, by
their example, would be drawn thereto. The noblemen,
meeting to this effect the twenty-fourth of November, ex-
pressed a great forwardness to satisfy his majesty's desire ;
yet fearing that all the contributions, when they were brought

200 THE HISTORY OF THE [a. 1). 1621.

together, should prove unworthy, advised the council rather
to call a parliament, and impose upon the subjects, by way of
tax, a reasonable proportion, according to the wealth and
substance that every man had. This being signified to the
king, he refused to have any supply by tax, for he considered
that the collection would require a time, and a burthen should
that way be cast upon the commons and poor labourers of
the ground, which would make an outcrying among the peo-
ple ; therefore, he desired as before, that noblemen and those
others he had named in his first letter should be urged to
show their liberality.

A now meeting for this business being kept in January
thereafter, divers overtures were made for giving his ma-
jesty content. The noblemen that were present made offer
for their parts to give a benevolence according to their abili-
ties ; but divers of their rank being minors, and others al)road
in their travels, they saw not who would undertake for them.
The town of Edinburgh being pressed with an answer, ex-
cused themselves as being one burgh only, and lacking the
concurrence of the rest, -without which ary supply they could
make would be of little worth. The advocates, clerks, and
other members of the session, gave in effect the like answer,
so as they were forced to turn unto the first ovei-ture for a
parliament. And for that the difficulties of the contribution
could not so well be expressed by letter, it was thought
meet that one of the council should be sent to inform his
majesty of the reasons and necessity they had to call a par-
liament. This employment being Inid upon the archbish' p
of St Andrews, he took journey about the end of the same
month, and obtained, after a little insisting, his majesty's
Avarrant for a parliament. Thus was it indicted to keep at
Edinburgh the first of June, and prorogued to the twenty-
third of July thereafter.

In this mean time, it happened thnt Sir Gideon Murray,
treasurer-deputy, being then at court, an information was
made against him for abusing his office to the king's preju-
dice. The informer was James Stewart, styled then Lord
Ochiltrie ; who, out of malice carried to the gentleman for
the strictness which he had used in calling him to an account
for the duties of Orkney, made offer to justify the accusa-
tion ; and, bv the assistance of some of better credit than

A. D. 1621.] CHURCH OF SCOTLAXD, 261

himself, prevailed so ^nv, that the matter was remitted to the
trial of certain counsellors at home. The gentleman being
of a great spirit, and taking impatiently that his fidelity,
whereof ho had given so great proof, should be called in
question upon the information of a malicious enemy, by the
way as he returned from court, did contract such a deep
melancholy, as neither counsel nor comfort could reclaim him ;
so fiir was he overgone, that no advice given by friends, nor
offer of their assistance, nor the company and counsel of any
whomsoever, could reduce him to his wonted estate ; and so,
after he came to Edinburgh, within a few days departed this
life. It was not doubted, if he should have patiently attended
the trial, but he had been cleared, and the accusation proved
a mere calumny ; nor was it thought that the king did trust
the information, but only desired to have the honesty of his
servant appear. Yet such was his weakness (courage I can-
not call it), as, giving scope to his passions of anger and grief,
he suffered himself to be therewith oppressed. By his death
the king did lose a good servant as ever he had in that
charge ; and did sore forethink that he should have given
ear to such delations. But of that pestilent sort some will
never be wanting in tlie courts of princes, and happy is the
king that can rid himself of liars in that kind. The gentle-
man, always, died happily, and had his corpse interred in the
church of Halyrudhouse.

The time of parliament drawing near, the marquis of Ha-
milton was employed as commissioner for keeping the same.
At his first coming, having understood the business that some
turbulent ministers were makino; to imoede the ratification of
the Acts of Perth Assembly, he caused discharge all the min-
isters out of the town, the ordinary preachers excepted, and
two of the number that would not be made quiet, he sent
prisoners to Dumbarton. All that time he did carry him-
self, and the matters committed to his trust, with such wis-
dom and foresight, as within a few days he brought them all
to the end Avhich he wished, without any open contradiction.
The subsidy desired was granted ; the Acts of Perth Assem-
bly ratified ; and divers other constitutions for the profit and,
good of the country, as in the Acts imprinted may be seen.
At the closing of the parliament, wliich was the fourth of
August, such abundance of rain, with such tliunderings and

262 THE HISTORY OF THli; [a. D. 1621.

lightnings, did fall, as the noblemen and others of tlie Estates
were compelled to leave their horses, and betake them to
their coaches; which the factious sort did interpret to be " a
visible sign of God's anger for ratifying the Acts of Perth :"
others, in derision of their foll3% said, " That it was to be
taken for an approbation from Heaven, likening the same to
the thunderings and lightnings at the giving of the law to
Moses."

This was the last parliament of King James in this king-
dom, and that wherein he received greatest content : for the
puritan faction had boasted that the Acts of Perth should
never pass in a law (so confident they were of their favourers
in the parliament-house) ; and now that they failed in their
hopes, he trusted they would become more wise. But the
king, no less careful to have the Acts obeyed, than he
was to have them pass in a law, did commend the same by
two several letters to the bishops and to the lords of council.

To the bishops he said, " That as they had to do with two
sorts of enemies, papists and puritans, so they should go for-
ward in action both against the one and the other ; that
papistry was a disease of the mind, and puritanism of the
brain ; and the antidote of both, a grave, settled, and well-
ordered church in the obedience of God and their king ;
whereof he willed them to be cai'eful, and to use all means
for reducing those that either of simphcity or wilfulness did
err."

In the letter directed to the council, he put them in mind
of that he had written in his " Basilicon Doron," " That he
would have reformation to begin at his own elbow, which
he esteemed the privy-council and session, with their mem-
bers, to be, as having their places and promotions by him.
Therefore commanded them and every one of that number
to conform themselves to the obedience of the orders of the
Church now estabUshed by law, which he trusted they would
readily do. Otherwise if any councillor or sessioner should
refuse and make difficulty, he did assure them that if within
fourteen days before Christmas they did not resolve to con-
form themselves, they should lose their places in his service ;
and if any advocate or clerk should not at that time obey,
they should be suspended from the exercises of their offices,
and the fees and casualties thereunto belonging, unto such

A. D. 1621.] CHURCH OF SCOTLAND. 263

time as the^^ gave obedience." In the same letter he willed
the council to take order, " that none should bear office in
any burgh, nor be chosen sheriif, deputy, or clerk, but such
as did conform themselves, in all points, to the said orders."
This letter was of the date. At the Honour of Hampton, the
twenty-ninth of September 1621.

By this may the reader judge of that which hath been
commonly affirmed, " That the nobleman who was commis-
sioner should have promised, at the passing of the Acts, that
none should be pressed with the obedience of them, but all
left to their own pleasures." That his majesty gave no such
warrant it appears by the foresaid letters, and that the noble-
man would go an inch from that he was trusted with, none
that knew him will believe. The truth is, that in most per-
suasive words (and with that majesty which became the place
he represented), he did " require them all to acquiesce, and
willingly obey the conclusions taken, and not to draw upon
themselves, by their disobedience, his majesty's anger ; assur-
ing them, in that case, that his majesty should not in his days
press any more change or alteration in matters of that kind
without their own consents." And this was all the nobleman
spake, as divers yet living may remember.

In the beginning of the next year, the chancellor died at his
house of Pinkie, near to Musselburgh, in a good age, and with
the regret of many ; for he exerced his place with great moder-
ation, and to the contentment of all honest men. He was
ever inclining to the Roman faith, as being educated at Rome
in his younger years ; but very observant of good order, and
one that hated lying and dissimulation, and above all things
studied to maintain peace and quietness. Sir George Hay,
clerk of register, being then at court, was preferred to the
place, and by his dimission Mr John Hamilton, brother to
the earl of Haddington, made keeper of the register.

About this time, upon advertisements sent from England
of the enlargement of certain priests and papists that were
there imprisoned, a rumour was dispersed that the king was
inclining to a toleration of popery, and would grant liberty
of conscience. This rumour was increased by occasion of
certain directions sent from the king to the bishops of Eng-
land, for reforming certain abuses crept into the Church,
whereby the preachers and lecturers were connnanded on

264 THE HISTORY OF THE [a. D. 1622.

Sundays and holy days, in the afternoon, to teach the Cate-
chism only, or then some text taken out of the Creed, the
Ten Commandments, or Lord's Prayer ; and in their preach-
ing to abstain from handling the deep points of predestina-
tion, reprobation, election, the universality, efficacy, resisti-
bility or irresistibility of grace, leaving these themes as
fitter for the schools than for simple auditories ; as likewise
not to presume in any lecture or sermon to limit and bound,
by way of positive doctrine, the power, prerogative, juris-
diction, authority, or duty of sovereign princes, or to meddle
with matters of state, having reference betwixt princes and
people, otherwise than they were instructed and precedented
in the homily of obedience, and others of that sort set forth
by public authority. These directions were interpreted to
be a discharge of preaching, at least a confining of preachers
to certain points of doctrine, which they called a limiting of
the Spirit of God ; and, as people will ever be judging and
censuring public actions, every one made the construction
whereunto their humours did lead them.

The better and wiser sort, who considered the present
estate of things, gave a far other judgment thereof; for as
then the king was treating with the French king for peace
to the protestants in France, and with the king of Spain for
withdrawing his forces from the Palatinate, at which time it
was no way fitting that he should be executing the rigour of
his laws against papists at home, while he did labour for
peace to them of the religion abroad ; the most likely way to
obtain what he did seek of these princes being a moderation
of the severity of laws against priests and papists, at least
for a time. And as to the directions given to the preachers,
the same they judged both necessary and profitable, con-
sidering: the indiscretion of divers of that sort, who, to make
ostentation of their learning, or to gain the applause of the
popular, would be meddling with controversies they scarce
understood, and with matters exceeding the capacities of
people.

The king oifonding with these rumours, which he heard
were dispersed in both kingdoms, took occasion in a parlia-
ment assembled about that time in England to speak to them,
and say, " 1 understand that I am blamed for not being so
careful as heretofore, of maintaining true religion, and for not

A. D. 1623.] CHURCH OF SCOTLAND. 265

executing the laws made against papists ; but ye should
know that a king and his laws are not unfitly compared to a
rider and his horse ; the spur is sometimes to be used, but not
always ; the bridle is sometimes to be held in, at other times
to be let loose, as the rider finds cause ; just so a king is not
at all times to put in execution the rigour of his laws, but he
must for a time, and upon just grounds, dispense with the
same, as I protest to have done in the present case, and to
have connived only for a time, upon just cause, howbeit not
known to all. If any man for the favour showed to a priest
or papist will judge me to be inchning that way, he wrongs
me exceedingly. My words, and writings, and actions, have
sufficiently demonstrated what my resolution is in matters of
religion."

Some more words to this purpose he uttered in that meet-
ing ; but in a letter directed to the council of Scotland he was
somewhat more rough, finding fault with those that presumed
to censure his proceedings, and commanding them to take an
exact trial of such as had broken out into any such insolen-
ces either in word or deed, and to punish them severely ac-
cording to the laws. Tliis was not well published, when the
news of the prince's journey to Spain made all good men
amazed ; for hearing that he was gone accompanied only
with the duke of Buckingham and another servant, the fear
of inconveniences that might befall his person did mightily
trouble them. But it pleased God, both in his going and
returning, safely to conduct and protect him. The occasion
and success of that journey I shall shortly relate.

A match had been treating of a long time betwixt the
prince and a daughter of Spain, which received many hinder-
ances both at home and in that court ; but it being thought
that the delays made in these parts would be easily removed
by the presence of the prince himself, whereof great hopes
were given by Gundomar the Spanish ambassador, the king
gave way to the journey, as hoping by this mean to have
the Palatinate freed from the vexations of war, and a general
peace established throughout Christendom. Thus the prince,
accompanied in manner aforesaid, departed secretly from
court, and landing at Calais, went through France undis-
covered, and after a few days came safely to the court of
Spain.

266 THE HISTORY OF THE [a. D. 1623.

At his coming he was kindly received, and welcomed with
divers courtly compliments, but found a greater strangeness
than he expected ; for although he was still kept in hope of
the match, yet he was not permitted to visit the lady, but
upon condition to speak in such and such terms, and no
otherwise. Afterwards they began to move him touching
his religion, desiring he should confer with some divines, for
that he could not have the Infanta to wife, unless he was
converted and became a Roman-cathohc. The prince re-
plying, " That he would never change his religion for such a
worldly respect, nor would he enter in conference with any
divines to that purpose, for if they did not prevail with him,
it would breed a greater discontent :" it was then told him,
" that he must attend till a dispensation was procured from
Rome, and that in the meantime he should be entertained
as a prince, but not as a suitor."

This dispensation being returned, which had in it a condi-
tion, that the king of Spain should take oath to obtain the
king of Britain's consent unto certain demands concerning
religion, there was a letter therewith sent from Pope
Gregory the Fifteenth to the prince, wherein, after many fair
and plausible words, he said, " That as Pope Gregory was
the first that induced the people of England to submit them-
selves to the See Apostolic, so he bearing the same name,
and being his equal in the height of dignity, though inferior
to him in virtue and holiness, desired nothing more than to
follow his pattern, and promove the health and happiness of
that kingdom ; the rather because his peregrination at that
time had given such hopes of a happy success. For since
he was arrived in Spain and at the court of the catholic king,
with a desire to join in marriage with the house of Austria
(which intention he greatly commended), he could not bcheve
that he did really desire the match and in heart abhor the
catholic religion, and seek to ruin the holy sec of Rome."
Then falling to a prayer, he " besought God the Father of
lights to advance him (the most fair flower of the Christian
world, and the only hope of Great Britain) to that noble inherit-
ance which his illustrious progenitors had gained by the de-
fence of the apostolic authority, and the suppression of the
monsters of all heresies." Towards the end of the letter,
willing him " to call to mind the ancient times, and make his

A. D. 1623.] CHURCH OF SCOTLAND. 267

prayers to his ancestors, that they would vouchsafe to teach
him the way by which they went to heaven," he asked, " how
he could with patience hear the heretics call them damned
whom the catholic faith doth testify to reign in heaven, and
to dwell exalted above all the princes of the earth ?" In end,
returning to his supplications, he said, " that the Catholic
Church Roman, stretching forth her arms to embrace him
with all affection as her most desired son, he could not per-
form any thing of greater comfort to the nations of Christen-
dom, than to bring again the profession of that most noble
island to the prince of the Apostles, whereof he could not
despair, his hopes being set on God, in whose hands are the
hearts of kings," &c.

This letter, given at Rome in the palace of St Peter, the
twentieth of April 1623, and in the third year of his
apostolate, was delivered to the prince about the midst of
May, which he received courteously, thanking the pope for
his good affection. Thereafter, understanding that the dis-
pensation was granted, he pressed the performance of the
marriage, but was answered, " That the conditions must first
be fulfilled, and the articles concerning the Infanta, her
liberty of profession, when she came into England, and the
education of her children, if God should grant her any by
him, drawn up in form." These articles being advised by a
commission of divines, were sent into England, and shortly
after returned signed with his majesty's hand, and approved
by the council. And now it was thought there should be no
more delays used, but other excuses were forged : as, " That
it was not fitting the Infanta should go to England before the
business of the parliament was settled, and that these articles
must be sent to Rome and allowed by the pope." The prince
perceiving that there was nothing really intended on the
king of Spain his part, and that the treaty was only enter-
tained till the king of Spain had reduced Germany in his
power, resolved to be gone, and declaring the necessity he
had to return, did leave a proxy in the hands of the earl of
Bristol (the ambassador legier) for espousing the Infanta,
how soon the articles returned from Rome.. So the king of
Spain having conveyed the prince a little way towards the
sea, they parted in most loving terms, and in hope the match
should take effect. 13 ut the prince being after that informed

268 THE HISTORY OF THE [a. D. 1624.

of a conclusion laid, " That if the match should be farther
pressed, the Infanta, to eschew the same, should presently
enter into the house of Z05 Discalceatos" (a monastery of bare-
footed nuns), after he was parted, sent and commanded
Bristol not to make use of the proxy till he should advertise.

The prince having for his convoy home eleven of the
king's ships and some merchants, arrived at Portsmouth the
fifth of October with his whole retinue, and went the next
day to Royston, where the king lay. The joy was ex-
ceeding great of all sorts of people, and public thanks
given to God throughout all the churches of both the
kingdoms for his safe return. Soon after, when the king
perceived by the report, that neither was the match truly
meaut, nor the Palatinate like to be restored, he directed the
earl of Bristol to insist for the restitution, and if he was put
off with delays, to take his leave and come home ; which also
he did. Thus was the marriage which had been long
treated of quite dissolved, the king saying, " that he would
never marry his son with a portion of his only sister's
tears."

The year following, the ministers of Edinburgh were
greatly vexed by a sort of mutinous people, who, separating
themselves from the public assemblies, kept private conven-
ticles, and went so far as to oppose publicly the order estab-
lished for receiving the holy communion. The leader of
those was William Rigge, elected one of the baihes for that
year. This man, puffed up with a conceit of his own abiU-
ties, did dream of no less than the overturning of the Church
orders, and reforming of the ministry in such things as he
held to be amiss : hereupon, in a meeting ordinarily kept
before the celebration of the holy sacrament, he did publicly
challenge Dr William Forbes, who was afterwards preferred
to the bishopric of Edinburgh, for divers points of doctrine
dehvcred by him in his sermons ; and whonas he refused to
be judged by him and the laics that assisted, the said bailie
did openly threaten them all, that unless they returned to
the old form of ministering the holy communion, the whole
people should forsake them. Herein he was assisted by
John Hamilton, an apothecary, John Dickson, William
Simson, John I\Iayn, and some other base companions ; who
being called before the council, were charged to leave the

A. D. 1624.] CHURCH OF SCOTLAND. 269

town, and the bailie, William Rigge, deprived of his bay-
lerie, and declared incapable of any public office in time
coming.

This trouble gave occasion of settling the state of that
Church in a better case than in former times — " the minis-
ters being ordained to reside in their own parishes, and have
allowed to them a sufficient maintenance ; the popular elec-
tion of ministers, whenas places by any occasion fell void,
discharged, and the presentation appointed to be made by
the provost, bailies, and council ; the sessions to be choosed
yearly by the magistrates and ministers for the particular
parishes, who should convene every year some ten days after
the election of the magistrates for that business ; the meet-
ing before the communion, wherein the ministers were accus-
tomed to be censured by the people, simply prohibited ; " with
divers other particulars serving to the orderly ministration
of all things in the Church.

The sixteenth of February, Ludovick, duke of Richmond
and Lennox, deceased, to the great regret of all that knew
him — a nobleman of excellent parts, whose very aspect and
countenance did promise much good. He was thrice mar-
ried ; first to a sister of the Earl of Cowrie, by whom he had
no children ; his second wife was a sister of the Lord Loudoun,
by whom he had a daughter and son that died both young.
In his third and last marriage with the countess of Hartford,
he found more content than in both the others, but lived
with her only some few years, being taken away in the forty-
eighth year of his age. His brother Esme, a noble gentle-
man, succeeded, but did not survive him long, for he died
the next year, leaving a hopeful succession of children behind
him.

The next year, in the month of March, James, marquis
of Hamilton, deceased also — a nobleman of rare gifts, and
fitted for the greatest affairs, which he showed at his de-
putation to the parliament 1621, and at other divers occa-
sions. His death was the more grievously taken, that it was
thought to be procured by poison, whereof the monstrous
swellings in his face and body afore his death gave great ap-
pearance. His corpse, brought to Scotland by sea, was in-
terred at Hamilton with his predecessors.

These two deaths affected the king exceedingly ; and when

270 THE HISTORY OF THE [a. D. 1624,

it was told him that the marquis was dead, he said, " If the
branches be thus cut down, the stock cannot continue long:"
which saying proved too true, for shortly after he fell into
the fever that the physicians call Hemitritceum — a dan-
gerous fever to those that are grown in years — and thereof
died at Theobalds, the twenty-seventh of March, being Sun-
day, about twelve of the clock in the forenoon. The Thurs-
day preceding his death he desired the blessed sacrament to
be ministered unto him, which he received with great devo-
tion, professing to the prince his son, and those that stood by,
that " he had received a singular comfort thereby," wishing all
men to do the like when they were visited in that sort. From
that time to the hour of his death he was still almost pray-
ing, and some one sentence or other of piety ever in his
mouth. As he drew near to his end, the prayer usually said
at the hour of death being ended, having repeated once or
twice these words, Veni, Domine Jesu, he gave up the ghost
without any pangs, such as are commonly seen in persons
that are dying. He was the Solomon of this age, admired
for his wise government, and for his knowledge in all manner
of learning. For his wisdom, moderation, love of justice, for
his patiencQ and piety (which shined above all his other vir-
tues, and is witnessed in the learned works he left to pos-
terit}"^), his name shall never be forgotten, but remain in
honour so long as the world endureth. We that have had
the honour and happiness many times to hear him discourse
of the most weighty matters, as well of poUcy as divinity,
now that he is gone, must comfort ourselves with the remem-
brance of these excellencies, and reckon it not the least part
of our happiness to have Uved in his days.

Many doleful epitaphs in all languages were composed to
express the sorrow conceived by his death. This following,
penned by a learned divine in our vulgar language, did affect
mo so, as I thought good to subjoin it : —

All who have eyes, awake and weep,
For he whose waking wrought our sleep
Is fallen asleep himself, and never
Shall wake again till waked for ever.
Death's iron hand hath closed those eyes
Which were at once three kingdoms' spies,

D. 1624.] CHURCH OF S( OTLAN'O. 271

Both to foresee, and to prevent
Dangers as soon as they were meant.
That head, whose working brain alone
Wrought all men's quiet but its own,
Now lies at rest. let him have
The peace he lent us, in his grave.
If that no Naboth all his reign
Was for his fruitful vineyard slain ;
If no Uriah lost his hfe
Because he had too fair a wife ;
Then let no Shimei's curses wound
His honour or profane his ground.
Let no black-mouthed, no rank-breathed cur,
Peaceful James his ashes stir.
Princes are Gods ; do not then
Rake in their graves to prove them men.
For two-and- twenty years' long care,
For providing such an heir, —
Who to the peace we had before
May add twice two-and-twenty more, —
For his days' travels and nights' watches.
For his crazed sleep, stolen by snatches,
For two fair kingdoms joined in one,
« For all he did, or meant to have done,
Do this for him, write on his dust
James, the Peaceful and the Just.

NOTES TO BOOK VII.

NOTE I. P. 200.

EXAMINATION OF THE POSTSCRIPT TO THE COWRIE CON-
SPIRACY, AND OF MODERN HISTORIANS ON THE SUBJECT.

[The paragraph in tho text, which tliis note illustrates, is both curious and
important. It is curious and important to find, in reference to that extraordi-
nary postscript to the Govvrie conspirac}', the trial and execution of George
Sprot, that a churchman of the first reputation and highest position in the king-
dom, who gravely performed the part assigned him in that discreditable tragedy,
who sat as one of the judges on the trial, and attended on the scafibld to attest
the dying words of the wretched victim, should himself have entertained the ut-
most contempt for the whole proceedings, and an utter disbelief of the culprit's
confessions. The archbishop did not, and dared not, at the time announce hia
disbelief, or even evince scepticism. Far less dared he, in the lifetime of the
monarch whom that strange story so deeply concerned, have published such a
paragraph as his history contains. Yet his contempt for, and disbelief of, the
wild romance extracted, per fas et nefas, from the notary Sprot, he deliberately
recorded for all posterity to read. This of itself is no unimportant commentary
upon that disgusting passage in the history of James VI.

Our author's paragraph, moreover, is important in this respect, that it dis-
tinctly records a fact overlooked by all our best modern historians, yet of
the utmost importance to the question of the truth or falsehood of those so
called confessions, upon which alone Sprot was convicted. The archbishop
asserts, as a fact unquestioned, that the letter from Logan of Restalrig to the
earl of Gowrie, which the culprit confessed that he had abstracted, and declared
he still possessed, was never made forthcoming on his trial. In the paragraph
under consideration, he states, as one of the reasons for his opinion that Sprot's
story seemed " a very fiction, and to be a mere conceit of the man's own brain," —
that " neither did he show the letter ,-" — which letter formed the basis of the in-
dictment, and which was then, according to the original record itself, under-
stood to be the onli/ one of those treasonable missives that Sprot had in his pos-
session. Of course our author must mean, that throughout the whole proceed-
ings the letter itself never was produced ; for had it been produced after Sprot's
first confession, so as to be inserted verbatim in his indictment, or produced at
any time so as to support his confession, the archbishop would scarcely have
been guilty of so puerile a defence of his scepticism, as the argument that Sprot
did not " show the letter " at first. His statement is very shortly expressed ;
but it distinctly amounts to this, that throughout the proceedings which led to
the execution of Sprot, 7iot one of those famoiis letters from Restalrig to Gowrie
were produced.

But all our modem historians, paying not the slightest attention to this simple
and unequivocal statement of one of the leading judges on that trial, and one
most observant of the whole proceedings from first to last, have assumed and
asserted that the letters were prodhced on the trial, and that upon those pro-
ductions themselves his majesty's advocate libelled against Sprot. No doubt,
VOL. III. 18

274 NOTES TO BOOK VII.

the archbishop may have given us a false account of that matter, and the modem
historians may bo quite correct. But let us see to that. Let us first test
Spottiswoode's statement by the original record of the trial, and then look into
history on the subject.

The whole evidences relating to the matter have beea collected, in their most
authentic form, by Mr Pitcairn, in his laborious and valuable publication of the
Criminal Records of Scotland. From this repertory we derive the facts. The
indictment itself is there printed from the original record. Sprot is accused of
being guilty, art and part, of the Gowrie conspiracy, by having become cogniz-
ant thereof before the fact, and not having revealed the treason. It is narrated
that he acquired his knowledge by reading various letters from Logan of Res-
talrig to the earl of Gowrie, referring to the conspiracy ; that this had hap-
pened by means of Logan's confidential messenger " laird Bour," who had
given Sprot those letters to read, he, Bour, not being able to read one syllable, —
a fact, by the way, of no little consequence to the evidence that is supposed to
authenticate the details of the poor notary's insane victimizing of himself. The
indictment further narrates that, besides havinrj seen several of the letters in
question, the accused had taken that opportunity of abstracting one, and retain-
ing it in his ovra possession. This letter is specially libelled ; and it is the only
letter, of all the alleged treasonable missives from Logan, the contents of which
his majesty's advocate even pretends to have such knowledge of as to be able to
libel thereupon. This one is so introduced as to seem, not an abstract as Mr
Pitcairn loosely assumes it to be, but a verbatim extract of the whole substance
material to the cause. It is important, in reference to a comparison of Arch-
bishop Spottiswoode's notice of the subject with the dissertations by modem
historians, to bear in mind that the indictment proceeds only upon one letter, and
only charges the accused with having obtained possession of that one, though
he is also accused of having see?i others in the hands of this Bour. Moreover,
the public prosecutor does not pretend to libel upon the letter itself as a produc-
tion. He does not say, that, in consequence of Sprot's confession, the letter was
sought for and recovered, either from him or his repositories,— a most important
point in the prosecutor's case, and which, had the fact so been, he could not fail
to have specially introduced. Then, again, the same letter, or at least a letter
generally assumed to be so, is produced about a twelvemonth afterwards, on the
trial of Logan's bones, and it turns out to be essentially different from the extracts
in the libel against Sprot.

The record of that unhappy man's principal confession is also printed by Mr
Pitcairn, and serves to illustrate this state of the indictment. In that con-
fession (upon which alone the public prosecutor proceeded against him) he ad-
mits having seen various treasonable letters, and that he abstracted and pos-
sessed one of them. But he produces none. From memory, however, he repeats
what he declares to be the substance of a letter from Gowrie to Logan, and
also what he declares to be the tenor of the letter alleged to be from Logan
to Gowrie, which he had abstracted and retained. On comparing these two im-
portant records, the confession and the indictment, it will bo seen that the only
letter libelled Is the very same as that which had been taken down from Logan's
own lips. That he there had given it from memory, and had not produced it, is
manifest from the conclusion of his examination, where he depones, " That he left
the above written letter in his chest among his writings when ho was taken and
brought away, and that it was closed and folded within a piece of paper." The
king's advocate, for reasons best kno\vn to himself, did not libel upon the letter
from Gowrie to Logan, which Sprot in his confession also repeated from memory.
That letter was never pretended to be produced at all ; nor was it heard of
more ! Neither does it appear that the advocate, upon this deposition of Sprot's,
recovered out of his chest the letter from Logan to Gowrie. Had ho done so,
he would have stated the fact, and libelled upon tho production of it. Instead
of which, as is manifest from the terms of the indictment itself, he libels entirely

\

NOTES TO BOOK VII. 275

upon Sprot's confession, and upon the letter as repeated from memory therein,
ipsissimis verbis. Throughout the whole record of the trial, so well collected by
Mr Pitcairn, there is not a circumstance or expression to warrant any other
idea than tliis, that not one of the treasonable letters, about which so much was
heard some time afterwards, and )io Idler at all, was produced throughout the
proceedings that brought Sprot to the gallows. And here we may pause to
correct a comment wldch the ingenious editor of the Criminal Trials has noted
under the indictment printed in his text.

]\Ir Pitcairn, seeing the very imperfect resemblance between the scrap of a
letter libelled on, and that which he assumes to be the same letter produced at
the trial of Logan's bones a year after, but being wedded to the notion that
all the letters are authentic, and that Sprot spoke the truth, thinks some apology
necessary. And here it is : " It will be readily observed," he says with great
simplicity, " that a mere abstract of part only of the treasonable letters had been
considered by the public prosecutor as necessary to be engrossed in the ' Dittay '
of Sprot ; proper transcripts of these epistles will be found in the following
article, No. XV. Restalrig's forfeiture, June 24, 1C09, where they were produced
in evidence, and recorded in the Books of Parliament."

This note distinctly involves an assertion, that the public prosecutor at Sprot's
trial, about a twelvemonth before Restalrig's forfeiture, had in his possession
" the treasonable letters " (five in number), afterwards produced in the process
against the bones. Mr Pitcairn is not justified, by any part of the record he has
printed, in the comment he has made. What " treasonable letters " were in the
power of the king's advocate at that trial ? Surely his own indictment, and the
recorded confession upon which it founds, is the best evidence on that subject.
He only libels upon one letter, and does not pretend to say that even that one
was recovered by him, or that ho had any other knowledge of its contents than
what he acquired through Sprot's statement in his confession. The^'ue letters,
long afterwards produced, to which Mr Pitcairn alludes in his note, and so
loosely assumes to have been within the advocate's power from the first, are
never hinted at as being so, throughout the whole proceedings against Sprot. And
does this industrious and ingenious gentleman (seemingly not much accustomed
to sift and.to weigh evidence) really mean to tell us, that at this trial the public
prosecutor had in his possession, or in his power, those five Logan letters, stuffed
full of the rankest treason in the most prolix detail, and yet thought it not
necessary, in a case of the highest importance, to libel upon them, or to produce
them, or even to allude to them ? Would his Majesty's advocate, in a matter
so deeply afi'ecting his Majesty's interest, have contented himself with founding
upon a tortured confession, which the culprit might have retracted, and with libel-
ling upon a scrap of a letter taken from the accused's agonized lips— a scrap that
will not stand the test of the most cursory comparison with any one of the
Logan missives, if he at that time really had in his power those five letters 1
Then Sprot's own confession, which is turned into the libel against him, and
forms part of the record, puts this matter beyond doubt or question. For he
distinctly depones that he possessed but one letter, which he repeats from
memory, and that he never possessed more of this treasonable' correspondence.
Would he have confessed to a single letter only, when the whole correspondence
was in his possession ? Or would his Majesty's advocate have made the most
important discovery that such was the case, without taking advantage of it on
the trial, or placing a hint of that unexpected discovery on the record ? What
then becomes of Mr Pitcairn's note, intimating that the public prosecutor had
not thought it necessary to libel upon more than an " abstract " of ihe five Logan
letters, which our antiquary assumes to have been in his power at the date of
the proceedings against Sprot I With the highest respect for that intelligent
collector's valuable researches, we must say, that loose and partial notes, and
ill-digested views of evidence, deteriorate the value of such an undertaking, and
are detrimental to the cause of historical truth in which he labours. Even the

276 NOTES TO BOOK VII.

best historians will think it a sufficient fulfilment of the task of research, upon a
particular incident, to turn over the groaning pages of Mr Pitcairn's voluminous
collection, which may be termed the Book of Sighs, and to hasten for assistance
and relief to his guiding notes ; and thus error enters history {romauthentic records!

For the first time, then, in the strange proceedings against the bones of the
unconscious Restah-ig, were those treasonable letters, said to be in his hand-
writing, produced. Where they had been found, during the interval between
those two processes, the public prosecutor does not vouchsafe to disclose. His
summons of treason, and the whole record, is silent upon that subject. He men-
tions, in the narrative, the now defunct Sprot's part in the drama. " Nor
was that horrid treason," we translate from the Latin summons, " of the said
Robert Logan detected, until the deceased George Sprot, at the instigation, as
it would appear, of divine Providence, for the sake of vindicating our fame from
the calumnies of wicked men, voluntarily disclosed (ultro patefecit), the said
treasonable conspiracy, and the guilt of the said Robert Logan therein, in the
most consistent confessions {constanlissimis confessionibus), which he verified
(manifestavit) by quoting a letter (.Uteris prolatis) he had received (acceperai)
from the said James Bour ; and happily confirmed all this by a constant and
pious death of penitence for the crime he had committed, in so long concealing
such horrible wickedness."

In the above translation, we have given his Majesty's advocate credit for not
having falsely narrated the state of the record in the case of Sprot. But as
some readers might put a difierent interpretation upon the most important sen-
tence in the paragraph quoted, that which speaks of the treasonable letter
which Sprot did not receive, but stole, from Bour, we here give it in the original
words : — " El dicti quondam Roherti Uteris, quas a dido quondam Jacoho Bour
acceperat, prolatis, manifestavit." One meaning of the Latin verb profero, is
to cite or quote. It means also to tell, publish, make known, utter, or pro-
nounce. Any one of these significations is consistent with the fact, that Sprot,
in his confession, repeated from memory the substance of a letter which he did
not produce. For, again, Literis does not mean letters, but a letter. We have
the authority of Cicero for saying, that "Literas dare ad aliquem" means to
send one a letter, tind that " itnis literis" means in one letter. On the other
hand, profero bears the meaning, to profier, hold out, or produce ; and some
may think that the passage should be translated, " by means of producing
letters, which he had received from the said James Bour." This translation,
however, if admissible, would furnish no argument whatever to prove that Sprot
had received those letters from Bour, and that they were produced at his trial.
It would only prove that the lord advocate, in the summons of treason against
Logan, ha^d falsely narrated the state of the record in the proceedings against
Sprot. The passage, therefore, must be translated consistently with Sprot's
own confession, and with the advocate's own libel against him. No other his-
tory of the five letters produced in Logan's case is vouchsafed by the public pro-
secutor, and no one can tell from whence they came.

The facts, that Sprot abstracted but one letter from Bour, and only repeated
that from memory in his confession, and that the public prosecutor simply
turned his confession into a libel, and produced no letter at all, being proved
unequivocally by the original record of Sprot's trial, it must be admitted that
no statement to the contrary, found in any mere chronicler of the period, is of
the slightest value against that original record. Caldervvood has a loose para-
graph on the subject, in which he seems to have mixed up the proceedings
against Sprot and Logan, as if they had been contemporaneous, and one case.
" Letters were found in his (Sprot's) house," he says, " alleged to be written by
the umquhill laird of Restalrig to certain persons whose names could not be
known, because the letters were not directed on the back : a relation was made
in the letters of the whole proceedings of Cowrie's treason, and about some
meeting appointed for that purpose betwixt the earl, Mr Alexander, his brother.

NOTES TO BOOK VII. 277

and the said laird, in the house of Fascastle." But it is absolutely certain that
the'contents of these letters were only known at LogarCs trial a twelvemonth
after Sprot had been disposed of. Moreover, Sprot himself deponed that he had
one letter (which he had stolen), and one only, in his house, that from Logan to
Gowrie ; and the public prosecutor libelled and founded vehemently upon tho
absolute truth of the whole of his deposition. Had more than one letter been
in Sprot's house, unquestionably he would have so deponed. Calderwood has
recorded what Sprot himself contradicts, and what the public prosecutor never
alleged in cither of those two most suspicious criminal processes.

Mr Pitcairn does not quote Calderwood in his illustrations; but he has
printed, along with the proceedings in question, a " curious fragment, among
the voluminous MS. collections of Wodrow, preserved in the Library of the
Faculty of Advocates, in an anonymous MS., marked—' Hist, of Church of
Scotland.'— Rob. III. 2. It is evidently written by some person who entertained
ideas unfavourable to the reality of the conspiracy." Upon comparing this
anonymous fragment with Calderwood, we find the two passages to be identical,
or very nearly so. If this fragment be earlier than Calderwood's History, we
have here the source of that historian's inaccurate account ; otherwise it may
be the remnant of an old MS. of his history.

We now return to the text of our author Spottiswoode, which is something
more to the purpose. His name stands third in the list of those distinguished
assessors who sat upon the trial of George Sprot. He was on the scaffold, too,
at the no less discreditable scene of his execution. Calderwood narrates an
anecdote curiously coinciding with the sceptical contempt which' our author ex-
presses in his history, and not a little characteristic of the whole aifair. Mani-
festly, the entire strength of tho case for the king was left to depend upon the
culprit's steady adherence to the confession which had been cooked into shape
by torture, or upon the public faith in that adherence. " A little before the
execution," says Calderwood, " when Mr John Spotswod, bishop of Glasgow,
said to Mr Patrick Galloway, ' I am afraid this man make us all ashamed,' Mr
Patrick answered, ' Let alone, my lord, I shall warrant him ;' and indeed he
had the most part of the speech to him upon the scaffold." He was the " king's
minister." Spottiswoode's private conviction unquestionably seems to have been,
that in the case there was no truth, in the execution no justice. But those were
times when men of the highest station, and purest character, were too often
compelled to put their conviction in their sleeve, and their conscience in their
pocket. Had the treasonable letters been produced on Sprot's trial, or even
one well authenticated letter, there would have been little reason for the courtly •
bishop expressing his fear that the wretched man on the scaffold would " make
us all ashamed." Against such evidence, found in his own repositories, his
dying recantation would have availed nothing. But not a letter had as yet
been produced. Spottiswoode says so distinctly in his history. The original
record of the trial confirms this statement of a judge who was present ; and his
statement in like manner confirms the record of the trial. The fact shakes the
credit of this criminal process, and the farce that followed, to the very founda-
tion; and throws another dark shade of suspicion upon the truth of the Gowrie
conspiracy. But let us see how this important point has been treated by modern
historians.

1. Dr Robertson records the Sproto-Logan story as a " strange" one, but gives
credence to it ; manifestly, however, without much consideration, or any research.
After narrating how the notary of Eyemouth had brought this awful storm upon
his own head, he goes on to say, — " Both Logan and Bourwere now dead. But
Sprot affirmed that he had read letters written both by Gowrie and Logan on
that occasion ; and, in confirmation of his testimony, several of Logan's letters
— which a curiosity fatal to himself had prompted Sprot to steal from among
Bour's papers— were produced. Logan's letters were five in number. One to
Bout, another to Gowrie, and three of them without any direction ; nor did

278 NOTES TO BOOK VII.

Sprot declare the name of the person to whom they were written." (Hist, of
Scotland, Book viii.)

In theso sentences, the elegant historian of Scotland makes no distinction,
either in point of time or testimony, between the two trials, namely, of Sprot
and of the bones of Logan. He states, as a fact, that the five Logan letters
were produced at Sprol^s trial, " in confirmation of his testimony ;" and that
Sprot had stolen them all " from among Bour's papers !" The context proves
that he means the whole five letters that were produced at the Logan trial ; for,
in the first line of the sentence, ho says, " several of Logan's letters," and then
immediately adds in a note, " Logan's letters were five in number — nor did Sprot
declare the name of the person to whom thei/ were written." What wild work
is here ! Had the historian consulted the original record, he would have found
that Sprot himself — the sole authority for this alleged theft of letters — only
confessed to having stolen a single letter, — which fact was disbelieved by one of
the principal assessors on his trial, because even that letter was not produced ;
and the judge's ground of disbelief is confirmed by the original record.

Under this confused narrative of the state of these separate processes, and
this imperfect knowledge of the state of the evidence on record, Dr Robertson
expresses surprise at the scepticism of our author. " Spottiswoode could not be
ignorant," he says, " of the solemnity with which Logan had been tried, and of
the proof brought of the authenticity of his letters : he himself was probably
present in parliament at the trial : the earl of Dunbar, of whom he always
speaks with the greatest respect, was the person who directed the process
against Logan : such a peremptory declaration against the truth of Sprot's evi-
dence, notwithstanding all these circumstances, is surprising." The historian
then refers to a courtly report (most suspicious in all its terms) from Sir Thomas
Hamilton (earl of Haddington) to the king, in which the former asserts that
there was vast unanimity, as to the truth and propriety of the whole proceedings,
and that none but traitors would "any longer refuse" to declare their belief in
the Gowrie conspiracy. (See the letter in Pitcairn's Collection). Sir Thomas
Hamilton was his majesty's advocate for his majesty's interest. As for " the
solemnity with which Logan was tried " being any reason why Bishop Spottis-
woode should have believed, so little did he think so himself, that he has not
deemed the trial of Logan's bones, or the authenticity of those letters, a subject
worthy of notice at all. Who was there to support the authenticity of those
letters,— who dared contradict it ? Logan the writer of them, Bour the carrier
and custodier of them, Sprot who had seen and read them, were all dead before
those letters were produced. With none to oppose him, with none who dared
oppose, the public prosecutor for an irresponsible, unscrupulous, and most un-
principled government, triumphed comparatione literarum, and sang lo pcean
to the king. Men swore it was the handwriting of Logan, whicli they knew.
It was particularly noted in evidence, that the now fleshless traitor always
wrote his " yous " with a y, instead of a ^r,— and there they were ! Never was
the comparatio literarum more worthless than upon this memorable occasion.

There are two modes of bringing this imperfect species of evidence to bear upon
the question of a forgery. If a skilfully forged document, or signature, be laid
before a witness of competent knowledge and experience, to discover whether it
be false, and ho, notwithstanding the skill of the imitation, detects, and can
point out, some difi'erences or peculiarities which assure him of a forgery, this is
positive evidence of such deficiencies in the imitation, and is proper evidence
quantum valeat. But if a witness, however experienced and skilful, be brought
to support the authenticity of a document by such comparison, and swears to
it because he can see no peculiarity or difference indicatiug forgery, his evi-
dence is merely negative, and, in a question of forgery, has no weight or value
whatever. Were it otherwise, every forgery so well executed as to defy com-
parison, would be proved authentic by that circumstance alone. Of this last kind
was the evidence upon which even modern historians have so rashly come to the

NOTES TO BOOK VII. 279

conclusion, that the authenticity of those letters had been amply proved. " They
were compared," says Dr Robertson, " by the privy council with papers of
Logan's handwriting, and the resemblance was visible: persons of undoubted
credit, and well qualified to judge of the matter, examined them, and swore to
their authenticity " /

This charming historian having arraigned the scepticism of Spottiswoode, we
are entitled to arraign the credulity of tlie more polished and enlightened mo-
dern. We are not to suppose that Dr Robertson wrote his history ironically.
When he records facts, we are bound to understand that he believed them to be
such. He thus concludes his narrative and argument relating to George Sprot : —

" He adhered to his confession to the last ; and having promised, on the
scaffold, to give the spectators a sign in confirmation of the truth of what he
had deposed, he thrice clapped his hands after he was thrown off the ladder by
the executioner."

It will be seen that our author Spottiswoode asserts the same, without any
expression of scepticism, and he was upon the scaffold. He lived in an age of
superstition, extreme credulity, and delight in the marvellous. But Dr Robert-
son ! ! Would the Scots professor have accepted the proposition in this shape \
A man launched from the gallows, his power of breatlung suddenly cut off by
the force of a ligature round his throat, and with the whole weight of his body
tearing at his spinal marrow from the neck, is, nevertheless, capable at that
moment of exercising his living faculties, liis memory and his will, as if in un-
broken continuity from the time when he stood in life upon the scaffold ! All
this, and no less, is involved in the assertion that Sprot, when sus. per col.,
punctually and exactly performed the promise which he had made (or which
Mr Patrick Galloway made for him) on the scaffold. That the action was the
simple one, and perhaps the most convenient for a man hanging, of clapping his
hands, removes none of the difficulty. If it was the deliberate fulfilment of a
promise made beforehand, then there is, or may be, complete presence of mind,
the exercise of memory, and the command of will, all active in a human being
the moment after the weight of his body has fallen upon his neck from a gallows !
That Sprot, under the instructions of " Maister Patrick Galloway the king's
minister," should have announced the presumptuous promise, may be believed.
That the convulsive action of the dying or dead man's hands would be repre-
sented by those interested, and understood by the vulgar or the credulous, as a
conscious fulfilment of it, is no less likely. But that it should be received and
recorded as a fact by Dr Robertson, was no more to have been expected, than
if he had received and recorded this story, physically just as possible, that Sprot
applied to his nose a pinch of snuff, puUed off his night-cap, and kissed his hand
to the spectators, immediately after he had been " launched into eternity."

2. Malcolm Laing, in the first edition of his history, had arrived at the conclu-
sion, that the Logan letters were forgeries. He submits them to a close and
searching inspection, and it would not be easy to answer the reasons which he
there assigns for his very decided opinion. But his argument is crippled by the
circumstance, that he, too, has fallen into the great mistake of assuming that at
least one of the letters taken down from Sprot's memory (or his pretended
memory) in that confession, which the king's advocate simply turned into a libel,
was actually produced by Sprot at that time. " There were two letters," he
says, ^''produced at his confession, the one from Gowrie, which of terwards dis-
appeared, the other a traiiscri^t of Logan's answer, the original of which was
preserved among his writings, and engrossed in his indictment ; but at Logan's
posthumous trial, four additional letters were produced ; and although the
discovery of these might be recent, the letter formerly inserted in Sprot's in-
dictment was again exhibited in a different form," &c. — (Hist. Book i.)

It would have been very odd had Sprot, at this confession, produced the ori-
ginal of Gowrie's letter to Logan, and only a transcript of Logan's to Gowrie, —
which last only ho admitted to be in his possession. The transcript is a gratuitous

280 NOTES TO BOOK VII.

assumption of Mr Laing's — that historian having perceiyed that the confession
proved that the letter itself was not produced. It is immaterial to the present
argument whether Sprot then produced a transcript of the alleged letter, or
whether the tenor of it was taken down from his memory. But there is no
authority whatever for the fact assumed, nor is there the least likelihood that
Sprot .would have been carrying about his person a transcript of that letter, for
which he referred his examiuators to his private repositories. Neither is there
the sliglitest authority for assuming that it was engrossed in his indictment /rom
the original. The confession, and that part of the indictment which embraces
the letter, are composed ipsissimis verbis. Moreover, the fact, so pointedly and
justly noticed by Laing, that when the same letter was produced at Logan's
trial, it xvas not the same, of itself sufficiently proves that the king's advocate
had formerly recovered no such original letter from the repositories of the tor-
tured notary as that contained in his indictment. As for the production of " the
one from Gowrie, which afterwards disappeared," here also the historian has
rashly assumed a fact, unsupported by, and contrary to, the evidence. Sprot
himself expressly depones, that the only letter of the alleged treasonable cor-
respondence that was ever in his possession, was the single one from Logan to
Gowrie, which he stole from Bour. Can he, then, at the very time he so de-
poned, be supposed to have produced that other letter from Gowrie to Logan 1
And if he had, how could it have " disappeared " ? The truth is, it never ap-
peared ; and the probability is, that it never existed.

In the second edition of his history, however, Malcolm Laing comes to a
totally different conclusion, both with regard to the Gowrie conspiracy and tho
authority of the Logan letters. His recantation affords so curious a specimen of
a retrograde movement, on the part of an historian of no small account in Scot-
land, that we must give it entire : —

" No historical question has ever perplexed me more than the Gowrie con-
spiracy. From the different copies of the same letter from Logan to Go^vrie, as
inserted in Sprot's trial, and in Logan's attainder, I did not hesitate, in the first
edition of this history, to pronounce the whole correspondence a forgery. The
difference appeared to be still greater upon examining the original Records of
Justiciary and Parliament, in which Sprot's trial and the attainder of Logan
are respectively engrossed. At the same time, the absolute identity of the letters
with Logan's handwriting is attested by such strong and unexceptionable evi-
dence, that any explanation, sufficient to reconcile the apparent contradiction
between the different copies of the same letter, should be preferred to the ulti-
mate supposition of forgery. The explanation which I have now discovered,
has at last convinced me that the letters are genuine, and that Logan was really
accessory to the Gowrie conspiracy.

" Sprot, in his confession (which is preserved by Abbot, but not inserted in
the Records of Justiciary), recites from memory the substance of Gowrie's letter
to Logan,' which he had seen with Bour before it was returned to the earl with
Logan's answer. This answer, also, which he had stolen from Bour, by whom
it had been sent back to Logan, he proceeds, in the same manner, to recite from
memory ;- and preserves the most striking expressions and circumstances, but
with many unavoidable alterations, omissions, and additions of his own. 'Hie
letter itself was preserved, as he said, among his other papers in a chest at
Eyemouth ; and the regular mode of procedure undoubtedly was, to have searched
for tho original, and to have produced it at his trial. But the privy-council
having obtained his confession on the tenth and eleventh of August, to prevent

' In his first edition, Laing (wlio was never at a loss for a fact when he wanted it) soys tliat
Sprot produced tliat letter from Qowrie to Logan.
' In tlie first edition, he sajs that Sprot produced a transcript of thU letter.

NOTES TO BOOK VII. 281

his retracting it, brought him to trial upon the twelfth ; and he was executed on

the same day that ho was condemned. The letter recited in his confession was
inserted in his indictment instead of the original; and from this circumstance,
Spottiswoode, who sat upon his trial as one of the assessors to the Justice-
general,' was doubtful whether he should mention the arraignment and execu-
tion of Sprot in his history ; ' his confession, though voluntary and constant,
carrying small probability. It seemed a very fiction, and to be a mere invention
of the man's own brain ; for neither did he show the letter, nor would any wise
man think that Gowrie, who went about that treason so secretly, would have
communicated the matter with such a man as this Restalrig was known to be.'
But the letter itself was discovered afterwards among Sprot's papers,- together
with four others from Logan to some unknown correspondent on the subject of
the conspiracy (Cromarty, 92) ; and this explanation of the fact removes the
seeming contradiction between the diiferent copies of the same letter, as inserted
in Sprot's indictment and in the attainder of Logan." Edition 1819, vol. iii.
Note II. p. 538.

Never did any historian more completely stultify himself than Mr Laing has
done by this second edition of his views regarding the authenticity of the Logan
letters, and their bearing upon the truth of the Gowrie conspiracy. It will be
observed, that this absolute but irrational repudiation of all his former reasoning
on the subject is entirely based upon the single allegation, that the five letters
in question were " discovered afterwards among Sprot's papers." What though
they were ? How would that have proved the authenticity of letters, the con-
tents of which, as indeed Mr Laing himself has partly shown, in his first edition,
cannot stand the test of a close inspection and comparison with facts and dates ?
The inexplicable circumstance is admitted, and most weakly handled by this
historian, that the public prosecutor himself, with this alleged treasure in his
possession, neither ventured to use the letters, which were the very foundation
of his prosecution, on the trial of Sprot, nor to drop a hint that he had found
them. As the passage in his history proves. Archbishop Spottiswoode, one of
the principal assessors on that trial, and whose conviction of the truth of the
proceedings it was essential to secure, was left in ignorance of such a discovery,
and historically recorded in consequence his utter contempt and disbelief. But
how, we repeat, would the discovery have authenticated the letters ? Sprot was
a miserable tool in the hands of unscrupulous power. He was a poor scribe, of
very bad character, and notorious as an imitator of autographs and forger of
documents : " prceterea, Scriba tarn fmlix in imitandis chirographis, signisque
effingendis, ut verane an falsa internosci vix possent." (See Historia Rerum
Britannicarum, Roberto Jonhstono ; MS. Advocates' Library. Also a copy of
the same printed at Amsterdam 1655, p. 267.) Were it proved that the public
prosecutor actually got those missives from Sprot himself, or out of his reposi-
tories, the fact would only make room for the very prevalent theory, that the
wretched notary himself, who had been led on to become the instrument of his
own destruction, had also been made the instrument of a desperate crime of the
court.

But Mr Laing's recantation is far more faulty and irrational than this. He
has assumed the fact, inadequate though proved, upon authority that is not of
the slightest value ; and even that he has misquoted, and stretched beyond its
limit. It was to be expected, from an historian of his pretension and reputation,
that so violent a change of opinion, upon a subject of no small historical import-
ance, would be accounted for, not only by the announcement of some most

The Justice-general did not preside. It was " Mr William ITairt," one of the Justice-
deputes, who were often mere cyphers upon such occasions.

^ But Spottiswoode must have known the fact of the recovery of the original, before writing
his history, had it been a fact.

282 NOTES TO BOOK VII.

relevant fact, but by that stated upon unequivocal authority, precisely and
accurately quoted. His fact is, that all the five Logan letters were discovered
in Sprot's repositories. His whole autliori/;/, and manner of quoting it, is com-
prehended in this cabalistic parenthesis "(Cromarty, p. 92)."

That ancient courtier and statesman, George, first earl of Cromarty, when
eighty-three years of age, published a defence of " The Royal Family in Scot-
land," against the " Generation of Vipers," who " did suggest and propagate most
abominable lies against the majesty, honour, and person of King James the Sixth,
in the matter of Gowrie's conspiracy and punishment thereof." This nobleman
had been Clerk Register and Justice-general in Scotland, which gave him the
best opportunities of exploring the records there. As regards the matter of the
Gowrie conspiracy, he appears to have done so to little purpose ; for of all the
dissertations and arguments on the subject, of any pretension. Lord Cromarty's
is the loosest and the worst. Yet he wrote from vantage ground. There were
few who explored the records in his day, or indeed who had access to them.
The great Register House of Scotland still reposed in Craigleith quarry ; and
its most indefatigable searcher, the editor of the Book of Sighs, yet slumbered
in uncreated dust. Earl Cromarty was not a Pitcairn. He seems to have found
the original record of Sprot's prosecution, and of the subsequent Logan affair,
including the Logan letters themselves. But he does not publish a full and
exact print of all the documents, as we have them now fi-om Mr I'itcairn. The
consequence of the violent courtly spirit in which he writes, and of his isolated
command of the original sources of information, is, tliat while he extracts a great
deal, and with tolerable accuracy, he takes some most important liberties with
the record, which materially aid his own theory. A notable example is this :
Professing to give verbatim the confession upon which Sprot was convicted, when
he comes to that part of it where the miserable notary quotes, or pretends to
quote, from memory, Goivrie's letter to Logan, instead of inserting that which is
printed in the confession, our noble author interjects this of his own, — " And
producing the earl of Gowrie's letter to Restalrig," &c. Thus my Lord Cromarty
becomes authority for the fact (and the sole authority), that Logan had actually
produced into the hands of the public prosecutor that important letter from the
chief conspirator, which ivas never heard of or seen more. The terms of the
confession itself, however, proves that Sprot produced no letter, and only ad-
mitted the possession of one, that from Logan to Goivrie, which he said was in
his repositories.

Malcolm Laing founds his own recantation upon the alleged fact that the
whole five Logan letters were found in Sprot's repositories. For this ho quotes
the noble author, though somewhat briefly and shyly. But the Earl, inclined as
he is to stretch matters, says no such thing. Ho docs not say that the five letters
produced at the Logan trial were found among Sprot's papers, as Malcolm Laing
has it. Did this ingenious historian imagine tliat no individual of the public,
whom he entertains with his candid recantation, would feel interested to consult
for himself " Cromarty, 9"2 " I We have done so, and must here lay before our
readers the whole passage referred to, premising that the Earl is narrating the
substance of Sprot's confession, and occasionally interjecting a parenthesis of
his own : —

" And deponed, that he did abstract (i. e. steal) quietly from James Bour, the
principal letter written by Restalrig to the earl of Gowrie, which Bour had
brought back from the earl of Govvi'ie (as was the custom amongst them at that
time) ; and that when James Bour employed him, Sprot, to look over his papers,
that he did keep the same, and tliat it was yet in his keeping, and was in his
chest among his writings, where he left it when he was taken (aud accordingly
the letter was found there by the Sheriff-depute, who was ordered by Sir
WiUiam Hart, Lord-justice of Scotland, to seize the said chest, and search for this
letter, which was found and delivered to the king's advocate)." Cromarty, 92.
Thus, between " Cromarty, 92," and Mr Malcolm Laing, the whole five cups

NOTES TO BOOK VII. 283

are found iu the sack df Benjamin. But the chief merit is due to Mr Laing,
who discovers four of them himself, Lord Cromarty having only found one.^

We have already seen that the noble author, contrary to the evidence of the
record before him, had taken the liberty to assert that Sprot, upon the occasion
of his confession, had produced that mysterious letter from Gowrie to Logan,
which, as Mr Laing has it, " afterwards disappeared." Notwithstanding the
precise manner in, which his lordship states that the other letter irora Logan
to Gowrie, which Sprot admitted to be in his possession, was sought for and
found, we have every reason to believe that assertion also to rest entirely upon
the ipse dixit of the octogenarian courtier. We have been unable to discover
any other authority for the fact; which, however, is not very material to the
argument of the authenticity of the Logan letters. If the public prosecutor
could have explained his possession of the whole five letters in the same manner,
neither would that have been conclusive of the question ; though it would have been
a little more to the purpose, as Mr Laing had perceived when he so put it. But
" Cromarty, 92," does not say so. No letter is spoken of in that passage, but the
single one to which Sprot confessed ; and the only rational conclusion that can be
arrived at, from the following considerations, is, that no such letter was found.

1. Sprot was hanged the day after his confession, and without production of
the treasonable letter which he said was among his papers, in his chest at home.
It was the merest puerility in Mr Laing to attempt to explain this upon the
theory, that they hastened to hang their victim lest he should retract his con-
fession. The letter, if authentic, was worth all the confessions in the world ; and,
moreover, it would have nailed him to his confession. 2. Neither at Sprot's trial,
nor when the five letters were produced in the following year, did the public
prosecutor drop a hint that he had recovered any letter whatever out of Sprot's
possession ; his own possession of those letters he never pretended to account
for ; nor in his report to the king, who was so deeply interested, did he say how
or from whence those letters had been obtained. 3. The discrepancies, between
the letter quoted in Sprot's confession, and the equivalent produced at Logan's
trial, are of a nature not to be explained by the theory of an imperfect repetition
from memoi-y. 4. Lord Cromarty boldly asserts that " Sir William Hart, Lord
Justice of Scotland," gave orders to the Sherifi" to search for and secure the
letter deponed to by Sprot ; that this was done, and that the letter was delivered
to the Lord Advocate. " Maister William Hairt of Preston" was one of the
Justice-deputes in Scotland, and presided under that designation at Sprot's trial.
He appears to have been knighted very soon after the trial, and the reason can
scarcely be doubted. This respectable functionary drew up an ofiicial account
of the culprit's examinations, confessions, and execution, which was prefaced
by a long and abject sermon in favour of the king, by Dr George Abbot, dean
of Winchester, soon afterwards made Primate of England. This ex parte
account of the matter, so important for his majesty, the courtly dean imme-
diately published in London. It is reprinted by Mr Pitcairn, and forms the
authentic record of that confession of Sprot's, so often referred to, upon which
alone he was convicted. The Justice-depute there records the fact that Sprot, upon
reinterrogation, said that the letter which he had stolen was in his repositories.
But, throughout the whole of this particular and ofiicial account, Mr William
Hart himself does not say that the letter was found, or that he had ordered the
Sherifi" to search for it. Would he have omitted this most important fact in an

1 If our space would permit, we could prove, from several striking examples, that Jlalcolm
Laing was never at a loss for a fact, if such were wanting to complete or to render consistent
the evidence upon which he happened to be relying. The above is one instance. Again, in
this second edition of his Gowrie views, we hear nothing of that transcript of Logan's letter to
Gowrie, which he formerly said that Sprot had produced. He has now no use for it ; so the
fact is as quietly withdrawn as it was assumed.

284 NOTES TO BOOK Vll.

official report, expressly published " for satisfaction of the true-hearted and
well-afFected subjects to their gracious sovereign, and closing of the mouths of
his malicious enemies" ?

The rationality of Lord Cromarty's mind upon the subject, and his competency
to treat the question of evidence so as to arrive at the soundest conclusion, may
be tested by the manner in vrhich he handles the incident of Sprot'a intelligent
communication with the assembled multitude, whilst in mid air he was struggling
with the agonies of death, Wc must premise, moreover, tliat there is excellent
contemporary authority for the fact that his arms were pinioned, probably by
the elbows from behind, as is usual upon such occasions, so as to allow the suf-
ferer to clasp his hands together, or to use them in prayer, but not to lift them
high up. Accordingly, the old Latin chronicler, Robert Johnston, already
quoted, tells us, — " Relegatis post iergum manibus, injecto cervicibus laqueo, cir-
cutnfusa ingenti multitudine, in forum Edinburgenum ad supplicium tractus est."
Now let us hear Lord Cromarty upou the miraculous portion of the evidence.

" I had almost forgotten that which in this action of his death was strange,
and in a manner marvellous. For being urged by the ministers and others of
good rank upon the scaffold, that now at his end he should declare nothing but
the truth, touching the matter for which he suffered, on the peril of his own
salvation or condemnation of his soul, — he, for the greater assurance of his con-
stant and true deposition, promised, by the assistance of God, to give them an
open and evident token before the yielding of his spirit. Wliich he accomplished
thereafter; for, before his last breath, when he had hung a pretty space, he lift
up his hands a good height, and clapped them together aloud three several times,
to the great wonder and admiration of all the beholders ; aud very soon there-
after he yielded his spirit." (Cromarty, 122.)

And this leads us to a somewhat amusing point in Malcolm Laing's solemn
recantation. He had not failed, in the first edition, to treat with due contempt
the miraculous part of Sprot's confession. In his text (vol. i. p. 52), he narrates
the incident, but under the ironical qualification, " we are gravely informed ;"
and then in a foot note, he adds : " The fact, although attested by Spottiswoodo
in his history, is omitted in the attestation of Sprot's behaviour at his execution,
subscribed by the same historian, and those who attended on the scaffold.
Calderwood and Johnston are also silent. The latter informs us that his hands
were bound ; relegatis post tergum manibus. Such is the credit due to a popular
story, universally received." But Mr Malcolm Laing changed his opinion on tho
subject of the Logan letters ; and finding that this barbarously ignorant anecdote,
or disreputable juggle of " Maister Patrick Galloway, the king's minister," was
part of the evidence, and relied upon by Cromarty, he had the unpardonable
weakness, we had almost applied a harsher term, simply to cut out tho ironical
qualification from his text, to omit his rational foot-note entirely, and thus, in his
second edition (vol. iii. p. 58), to leave the anecdote standing naked and not
ashamed, as if he had never doubted the fact ! In this manner did Malcolm
Laing deal with history.

3. The indefatigable, the instructive, the amusing Tytler, whose recent his-
tory of Scotland is the best that has appeared, unfortunately runs riot alto-
gether upon the Logan letters. There is something in the style of those extra-
ordinary missives, the mysterious curiosity of their contents, the strain of wild
and savage romance that pervades them, which seems at once to have attached
itself to the quaint and imaginative mind of this agreeable historian. He seizes
upon them, from among the less inviting mass of Mr Pitcairn's illustrations,
with a natural and irresistible gusto. Ho incorporates them nearly verbatim,
into his pure and refined text, with all their antique honours, where they show
like a mask of salvage men in a courtly circle. But the indications of the
ancient " daynty cheer," in the mysterious recesses of Fastcastle, " a fine hattit
kit, with sugar, confits, aud wine," and that, too, in " my awin house, where I
haue keipit my Lord Botbwell in his greatest extremities, say tho king and his

NOTES TO BOOK VII. 285

counsall what they wald"— the dark hints of dealing with the eyil one, at the
distant seat of forbidden lore where Gowrie is said to have

" learnt the art that none may name,

In Padua, far beyond the sea,"

was too picturesque to forego, and too charming to be doubted. Accordingly,
he pronounces, not merely that the Logan letters are authentic, but that their
authenticity has never been questioned ! " These letters," says the carried his-
torian, " explain themselves ; their import cannot be mistaken ; their authenti-
city has never been questioned; they still exist ; and although they do not open
up all the particulars of the intended attempt, they establish the reality of the
Gowrie conspiracy beyond the possibility of a doubt."

The authenticity of the Logan letters has been more or less questioned, from
the first moment of their production to the present day. A close examina-
tion of the proceedings against Sprot (wliich Mr Tytler never touches) shakes
our faith in the Gowrie conspiracy to pieces. Even at the time, the public and
intelligent belief in this treasonable correspondence between the Earl of Gowrie
and Restalrig required to be compelled by that very equivocal character the
Earl of Dunbar, who had got up the whole affair for the King and his Advocate.
This we learn from Sir Thomas Hamilton's own report to James — that very letter
to which Dr Robertson so loosely refers, as affording satisfactory evidence of
the authenticity of the missives produced at Logan's trial. Sir George Home,
created Earl of Dunbar, was the king's first favourite and minister. He would
have gone any length to retain that position. Malcolm Laing characterizes him
as " an apt and devoted instrument of arbitrary power, an obsequious and op-
pressive minister." Under the whole circumstances of the case, the following
passage from the Lord Advocate's letter will scarcely bear out the historian,
Robertson, in the object of his reference. It must be kept in mind, that upon
that extraordinary occurrence, no proof whatever was led, except the five let-
ters produced, and the record of Sprot's trial ; that no link of connection what-
ever was shown between those letters and Sprot ; that their authenticity was
so generally disbelieved, that it was thought necessary to authenticate them by
a proof comparatione literarum ; and that, upon that ex parte and selected evi-
dence, which, besides, was merely negative, and therefore altogether inconclu-
sive, the whole case rests. We may here dispense with the antique orthography,
the original being printed by Pitcairn : —

" Hearing that sundry of that number (the Lords of the Articles) had precon-
ceived hard opinions of Restalrig's process, the knowledge thereof, which wrought
fear and mistrust in the minds of divers your Majesty's well affected subjects,
did breed in the Earl of Dunbar such care and fervency to remove these impedi-
ments, that, bending his wits in more passionate manner nor (than) he uses to
express in common and indifferent matters, he did travail so earnestly with the
noblemen, and whole remanent Lords of Articles, and solicited some of the most
learned and best experimented of your Majesty's counsel, to furnish reasons and
light, to the clearing of the probation of that most heinous treason, and gave to
myself so earnest charge, and furnished so pregnant, judicious, and clear grounds
to confirm the summons, and manifest the very circumstances thereof to the
world, that he left no travail to me but the repetition of the substance of his in-
formation. To the which having so nearly conformed my discourse as possibly
I could, it pleased God that the lords of the articles, being happily prepared by
the deposition of divers honest men of the ministry, and other famous witnesses,
who, recognoscing umquhile (deceased) Restalrig's handwriting in his treason-
able missives produced by me, with very sensible and forcible reasons of their
constant and confident afiirmation, that these missives were written by him,
when the probation of the summons was referred to the lords' votes, they found
uniformly, all in one voice, the said summons to be so clearly proven, that they
seemed to contend who should be able most zealously to express the satisfaction

286 NOTES TO BOOK VII.

of his heart, not only by most pithy words, but by tears of joy — divers of the
best rank confessing, that that whereof Ihey doubted at their entry in the house,
was now so manifest, that they behoved to esteem them traitors who should any
longer refuse to declare their assured resolution of the truth of that treason."

History may depend upon it, that there is something more at the back of this
official and courtly report than meets the eye. We who are removed from tho
influence of the passionate exertions and earnest travail of the Earl of Dunbar,
and who know that the inability (or perhaps disinclination) of " the most famous
witnesses" to detect a forgery, is (in a question of forgery) no proper proof of
authenticity — may be allowed to recur to, and concur in, tho contemporary
doubts, without the fear of being " esteemed traitors." And here the import-
ance of that circumstance, which all our best modern historians have misunder-
stood, becomes manifest. Had those five letters becu obtained from Sprot, and
produced on his trial, at least the public prosecutor's possession of them would
have been accounted for. Moreover, Sprot's dying testimony, quantum valeat,
that they were Logan's letters, and not forgeries, would have been added to the
mere negative proof of those packed witnesses whose evidence, after all, only
amounted to this, that tliep could not detect the slightest symptoms of forgery in
the handwriting. But if it be proved, as we think we have shown by the ori-
ginal record, that those letters were never exhibited at Sprot's trial, were never
identified by him, were at no time said by the public prosecutor to have been
either produced by Sprot, or to have been obtained from his repositories, their
unexplained production at Logan's trial, their sudden resurrection, as if they
had been dug up with the bones, casts the darkest fchade of suspicion upon the
whole proceedings. Produced at Sprot's trial they could not have been; other-
wise, at that time would have occurred the verification of them. Obtained from
Sprot's repositories they could not have been ; otherwise Sprot himself would
have confessed to them ; and his verification of them would have been secured by
the public prosecutor. Not attending to this important fact has engendered the
theory that Sprot forged those letters. But Sprot had not been connected with
the possession of the letters, by the proceedings on either trial. We can find no
reason to suppose that Sprot forged letters the possession of which were never
traced to him, however falsely he may have deponed regarding Cowrie's corres-
pondence with Logan. Then, where and when did the king's advocate get
those letters ? He neither informs the public nor the king : but he frankly ad-
mits how much he was indebted to the earnest and passionate travail of the
king's minister and minion, the earl of Dunbar ; and perhaps he may have been
indebted to him also for the five Logan letters. '

Our author, Spottiswoode, is not the only contemporary historian who has
recorded his own and the public disbeUef in the Lof/an letters, and in all the
royal inferences therefrom. Calderwood, whose narrative of the facts is some-
what loose and confused, may, however, be taken as good evidence of the uni-
versal feeling on the subject. Notwithstanding poor Sprot's supposed attempt
to satisfy the public mind by his legerdemain exploit while suspended by the
neck, the public were not satisfied. " Notwithstanding of Sprot's confessions,"
says Calderwood, " so many as did not believe before were never a wheate the
more persuaded ; partly because he was a false notary, and could counterfeit so
finely men's hand-writts, for which cause he was worthy of death ; partly because
benefit was promised to his wife and children by the carl of Dunbar, and had
Bufiered both death and torments as a false notary.* The people tvondered

' There is a general but very loose impression abroad, that Mr I'itcairn, by discovering
and printing the letters that were produced at Logan's trial, has proval their authenticity !
He seems to have been under tliat impression himself. He li.is only proved their existence.

2 We iiuote from Calderwood, as printed by the Wodrow Society, vol. vi. p. 780. A sentence
seems to have been printed out of its proper place here. Obviously, however, tho meaning ia,
that Sprot was a doomed man at any rate, from having forged deeds, and that he was bribed
<as well as tortured), into his confessions in regard to Logan.

NOTES TO BOOK VII. 287

wherefore Dunbar should attend upon the execution of such a mean man ; and
surmised, that it was ouly to give a sign token his speech should be interrupted,
and when he was to be cast over the ladder. Farther, it was unknown to any
man that ever Gowrie was acquainted with the laird of Restalrig ; yea, such
was the account men had of Gowrie,- that they thought he would not discredit
himself by contracting a familiarity with so dissolute a man." Sprot's charac-
ter as a falsifier of writs has naturally enough given rise to a theory,— especially
with those who argue under the mistaken idea that the Logan letters were pro-
duced by him, or found in his repositories,— that by his own hand were those
extraordinary missives created. A closer attention, however, to facts and dates
will, we think, entirely dissipate the notion, and cause the suspicion of that
mysterious crime to rest elsevrhere.

Assuming the forgery, and that this notary was the forger, two propositions
must be granted : first, that he had committed the forgery deliberately, and
under circumstances which inferred prolonged leisure, security, and composure
of mind ; and, second, that he had thus severely and dangerously taxed his time
and ingenuity for some specific purpose. Nor do we tliink it much less doubtful,
from the tenor of the letters themselves, that the specific purpose must have been
to afford written evidence of a conspiracy between the Gowrie family and Logan
of Restalrig against the king. Whether this supposed desperate deception would
have to be traced to the secret and powerful inducements of others, or simply to
monomania, is not material to the immediate inquiry. Now, zvhen was the for-
gery accomplished ? Upon the 10th of August 1608, Sprot, after previous exa-
minations which have not been preserved, and after having suffered the extremity
of torture, emitted that final deposition which was turned into the libel against
him. He thei-e narrates generally what he knew, and how he came to know, of
the correspondence between Logan and Govrrie. He professes to repeat from
memory some of the substance of that correspondence. He admits that he stole
0716 of the letters. He admits that that letter is secreted in his repositories at
Eyemouth. And aU this he depones as a dying man. By admitting so much,
and the actual possession of one of the letters, he was as irretrievably doomed as
if he had confessed to the possession of all the letters. It is not at all impossi-
ble, — indeed, all circumstances considered, it is more than probable, that having
been led by torture, and by some other inducements behind the scenes, to tell a
false story, and to invent the scrap of a letter, he had, when pressed, also falsely
said that it existed in his repositories. But this certainly may be deemed im-
possible, that supposing him to have actually forged for the specific purpose those
five Logan letters, he would now have only used them to the extent of a general
and very imperfect narrative, and the admission of one only of a set of forgeries
which he had so painfully fabricated for the very purpose of this disclosure.
The conclusion is inevitable. Upon the 10th of August 1608, Sprot knew no-
thing whatever about these supposed forgeries. Then, had he forged them sub-
sequent to that date ? Had the earl of Dunbar (a man perfectly capable of the
act), induced his wretched victim, by false hopes and promises, to afford him the
benefit of his expert hand, by concocting those fearful letters after his examina-
tion on the 10th of August ? Again we say, imposiii/e. Upon the 11th of August
Sprot was made to adhere to his confession of the day before ; upon the forenoon
of the r2th he was convicted in terms of that confession ; and he was hanged in
the afternoon of the same day. If he was unconscious of those elaborate for-
geries upon the lOlh of August, as his ovni confession we think demonstrates,
then the Logan letters were not forged by Sprot ; and those letters, whether
authentic or forgeries, were never in Sprot's possession. This state of matters
is not only proved by the dying confession of Sprot, but by the Lord Advocate's
indictment against him. The pubhc prosecutor there distinctly indicates that
at that time he knew of no such missives in Sprot's possession. This he does by
explicitly restricting his charge, as regards that particular, to Sprot's surrep-
titious possession of a single letter, in terms of his own confession.

288 NOTES TO BOOK VII.

The wretched notary of Eyemouth having served the purpose of Government,
and being hanged, drawn, and quartered (for an alleged offence in its own na-
ture scarcely tangible), out of the way, the farce was resumed in the following
year with less of cruelty, but even more of absurdity. The public prosecutor,
" Tam of the Cowgate," (as the first Lord Haddington was called), appears
armed with/i-e treasonable letters from Logan of Restalrig to the earl of Gowrie.
He calls into court the mouldering bones of the dead and buried laird, and pro-
ceeds to prove that this treason %vas committed by him. The obvious and only
satisfactory mode of doing so would have been, to trace the possession of those
letters home to such a quarter as would necessarily or naturally infer the reality
of the alleged correspondence. They might have been found in the repositories
of the Gowrie family ; or, as returned letters, in Logan's repositories ; or in that
of his alleged confidential messenger, " laird Bour." Surely the Lord Advocate
knew something of their history. He must at least have known how, and from
whence they came into his own possession. The fact was every thing to the
case. It was every thing to the doubting and bewildered public, who could not
fathom these strange proceedings. It was every thing to the Lords of Articles,
the judges in the case, who were shaking their heads, and putting their tongues
in their cheeks on the very day of trial. But Tam of the Cowgate was as silent
as the bones of the accused on that essential point of the case. He does not
pretend to trace the history, or the acquisition of those letters. He does not
drop a hint even that they were discovered in the repositories of Sprot. The
latest confession of that victim, and the Advocate's own indictment against him,
placed such an allegation out of the question. The Earl of Dunbar having
primed him to meet the universal cry of forgery, he calls witness after witness, —
all selected by the excited and travaiVrng Earl, — to prove what ? That they were
intimately acquainted with Logan's handwriting, and could discover no appear-
ance of forgery ! And this, without an attempt to trace the past possession, or
to account for the present possession, of those strange missives, was the Lord
Advocate's case for King James, and for his prime-minister, the Earl of Dunbar.
And such is the evidence for their authenticity, by which, although it imposed
not upon the public mind at the time, our modern historians have suffered them-
selves to be misled !

These considerations, which can only be imperfectly developed within the com-
pass of an illustrative note, naturally suggest the question, what was the meaning
of all this iniquitous mystery ? The conduct of the case for the crown no doubt
inevitably leads to the only rational conclusion, that the public prosecutor
could not honestly account for those productions. But cui bono the dishonesty ?
The Gowrie family was destroyed. King James was upon the throne of England.
If a little more white vrashing, wth regard to the Gowrie conspiracy, seemed
to be necessary, that purpose was effected, as well as it could be, by the confes-
sions of the immolated notary. Why was the crazy credit of the Government
of Scotland, and of its king, to be again perilled in a prosecution which possessed
no feature of legality, and which bore on the very face of it evidence of the most
audacious corruption of public justice ? And taking the two trials together, as one
scheme of tyrannical intrigue on the part of certain powerful and unprincipled
courtiers, how came it that Loyan of Heslalriy, who by this time had gone to
where the wicked cease from troubling, was selected as the pretended conspira-
tor, in concert with the princely and exclusive carl of Gowrie,— a theory which
instantly provoked the public scepticism ? The limits of this note will not permit
us to follow out the curious inquiry with that closeness and precision which it
requires and deserves. But, before leaving the subject, attention may be drawn
to certain facts, not hitherto observed, which will readily suggest a new theory,
and may serve as a guide to future investigators of these dark and perplexing
transactions.

It is pointedly stated by Calderwood, that the case in which Sprot figured so
wofuUy was most zealously got up by two great functionaries,— James lord

NOTES TO BOOK VII. 289

Balmerinoch, who was then Secretary of State for Scotland and Lord President ;
and George earl of Dunbar, Prime Minister, (Hist. p. 779). That the last named
was active, in the forfeiture of Logan of Restalrig, to a degree of excitement
which he rarely displayed upon other occasions, we have on the authority of the
Lord Advocate's letter to King James. Now the coincidence is not a little re-
markable, that both of these worthies had engaged in money transactions to a
great extent with Logan, and were deeply indebted to his estate. From the
record of the Great Seal, it appears, that in the year 1605, Logan's estate of
Restalrig had passed into the hands of Balmerinoch by purchase. But the price
had not been paid; and when the laird of Restalrig died, the Secretary was in
his debt no less than eighteen thousand marks, a large sum in those days. This
is proved by the register of confirmed testaments, where Logan's is recorded ;
and by the same it appears that the Earl of Dunbar was also Logan's debtor to
the amount oi fifteen thousand marks. To that most accurate and obliging
antiquary, Mr David Laing, I am indebted for an exact transcript of the con-
firmed testament of Logan of Restalrig, who died in the month of July 1606.
The confirmation is dated ultimo Jamiarij 1607, not long before the commence-
ment of the process against the notary Sprot. Among the items of the debts due
to the deceased occur the following :

" Item, There was awin to the said umquhill Robert Logane of Restalrig, be
my Lord of Balmerinoh, the sowme of auchteene thousand markes. Item, Be the
Erie of Dunbar, the sowme of fyftene thousand markis."

Lord Balmerinoch, as is well known, became involved in the charge of having
falsified the king's name in a transaction with the Pope, about the very time of
the trial of Logan's bones ; and the result of Balmerinoch's trial (also suspected
of being collusive) rendered his benefiting by the Sproto-Logan imposition out of
the question. All these matters were entirely ruled by the intriguing Earl of
Dunbar ; and why that worthy was so earnest in the forfeiture of Logan's
estate is pretty distinctly indicated by the following extracts from the Register
of the Privy Seal, for which I am also indebted to Mr Laing.

" Ane letter maid to his Hienes richt trustie Consigue and werie familiar
Counsallour, George Earle of Dumbar, of the gift of the eschcit and forfaultour
of the sowme of fyftene thousand markis Scotis money, restand unpayit be him
to umquhill Robert Logane of Restalrig, for compleiting the sowme of threttie
aucht thousand markis of usuall monie of our said Realme, promitit and con-
ditionit for the lands of Flemyngtoun, with the pertinents, sauld and disponit be
the said umquhill Robert Logane of Restalrig to our said richt traist Consigne
his airis and assignais, heritablie and irredimablie, accv jg to the contract of
alienatioun maid betwixt thame thairanent, registrait in the buikis of Counsall ;
quharof the said Erie payit to the said umquhill Robert befoir his deceis, at
divers times, great sowmes of money, extending to the sowme of twentie thrie
thousand markis ; and sue restis the remanent thairof yet unpayit, extending to
the sowme above mentionit ; and that in default of the said Robert Logane, for
not delyverance to the said Erie of the auld evidentis concerning the saidis landis
of Flemyngtoun, and not fulfilling of certain utheris substantial! heidis and con-
ditions for the said Robert his pairt," &c.

" Lykeas his Majestie quytclames and simpliciter dischargeis the said
George Erie of Dumbar of the particular debt and sowmes quhilk wes unpayit to
the said umquhill Robert Logane," &c.

" At Andover the 22d day of August 1609. Per signaturam."

At the same time appears another grant to Alexander Home of Ronton, the
Earl of Dunbar's cousin-germaii, " Of the gift of the escheit and forfaultour of
quhatsumever takis and assedatiouns, lang or schort, of all and sindrie the teynd
scheavis and utheris teyndis, both personage and vicarage, and ather of thame of
the parochim and paroche kirk of Horden, lying within the Sherifi'dom of Ber-
wick, quhilk pertenit of befoir to umqidiill Robert Logane of Restalrig, and now
VOL. III. 19

290 NOTIiS TO BOOK VII,

perteining to our Soverano Lord, throw tho proces and dome of forfaultonr
ordourlie led and deduceit agaiiis the said umquhill Robert," &c.—{Registrum
Secreti Sigilli, LXXVIII. 1{J09-100

Since the above note was prepared for the press, there has fallen under the
editor's observation a pamphlet upon the subject of the Gowrie conspiracy, pub-
lished in 1849, by the accomplished novelist, G. P. R. James, Esq. Much
acuteness and some research are displayed in this performance ; and the author
arrives at a conclusion adverse to all ideas of tho truth of tho Gowrie conspiracy
— a subject upon which we have not attempted to enter in this note. The new
views, however, which we hope to have cast upon the actual state of the strange
criminal processes against Sprot and Logan, instituted by the Earl of Dunbar
for the king, many years afterwards, will show that those proceedings tend to
discredit, and not, as generally supposed, to support the truth of the Gowrie con-
spiracy. Mr James, of course, has noticed tho trial of Sprot, and commented
upon the treasonable letters alluded to in that process. But he, too, appears
to have been misled into tho erroneous idea, that Sprot was in possession of
" a set " of those letters, and not of one letter merely ; for he says (p. 72) " Sprot
abstracted and kept the same letter [that to which he confesses], and apparently
others "; and he comes to the conclusion, " that one set of letters, [Sprot's], o^
the other [those produced at Logan's trial], or both, were manufactured." But
Sprot never confessed to more than thepossession of one letter (it would have been
no worse for his case had it been fifty) ; and, as Archbishop Spottiswoode says,
that one was never shown. And here we must come into collision with Mr
James upon the subject of that very paragraph in Spottiswoode's history wliich
has given rise to this note. Ho founds upon tho contemporary historian's scep-
ticism, and then (p. 81) gives the passage thus : —

" Whether or not I should mention the arraignment and execution of George
Sprot, notary in Eyemouth, I am doubtful. His story seemed a very fiction,
and to be a mere invention of the man's own brain ; for neither did he show tho
letter ivhich he said was tvritten by the Earl of Gowrie, nor could any man think
that Gowrie, who went about that treason so secretly, would have communicated
the matter with such a man as Restalrig was known to bo."

We know not where the historical novelist has got that version of Spottis-
woode containing the sentence which we have printed above in italics. It
seems to be an interpolated sentence — of course not by Mr James, who is omni
suspicione major; and, moreover, the vicious text is against his own argu-
ment. But Spottiswoode never could have written that sentence, as it is quite at
variance with the rest of the paragraph. This, however, does not appear distinctly
in Mr James's version, because, besides tho interpolation, something has been
omitted. We must here repeat the whole paragraph as the historian wrote it :

" Whether or not I should mention the arraignment and execution of George
Sprot, notary in Eyemouth, who sufiered at Edinburgh in the August pre-
ceding, 1 am doubtful ; his confession, though voluntary and constant, carrying
small probability. This man had deponed, ' That he knew Robert Logan of
Restalrig, who was dead two years before, to have been privy to Gowrie's con-
spiracy, and that he understood so much by a letter that fell in his hand, written
by Restalrig to Gowrie, bearing, that he would take part \vith him in tho revenge
of his father's death, and that his best course should be to bring the king by sea
to Fast Castle, where he might be safely kept till advertisement came from those
with whom the earl kept intelligence.' It seemed a very fiction, and to be a
mere conceit of the man's own brain ; for neither did he show the letter, nor
could any wise man think that Gowrie, who went about that treason so secretly,
would have communicated tho matter with such a man as this Restalrig was
known to be."— (See supra, p. 200.)

The sentence which Mr James's version omits, distinctly proves that the pas-
sage interpolated could not have been written by Spottiswoode. It is only of

NOTES TO BOOK VII. 291

the letter " by Restalrig to Gowrie " that he speaks ; and there is no reference
whatever in the whole paragraph to the letter from Gowrie to Restalrig. More-
over, he could not have meant to complain that this last letter was not shown,
for Sprot himself only confessed to the possession of the former letter ; and the
historian could not be so unreasonable as to expect that Sprot should " show
the letter " which he did not pretend to possess.

We know not how Spottiswoode's text has come to be thus seriously blundered
in a disquisition so elaborate as Mr James's ; but we exonerate that gentleman
from any intention whatever to misquote our author.— E,]

NOTE II.— P. 214.

CONTRACT AGAINST THE BROKEN MEN OF THE HIGHLANDS.

[A cuEious illustration of the state of the Highlands, to which our author here
refers, and of the feeling against the " heilland broken men," will be found in the
following contract of mutual defence, the original of which is among Lord Napier's
archives. The great Napier, whose signature is attached, besides the rich barony
of MerchistoD, possessed one-fourth of the Levenas, or Lennox, by inheritance
from his ancestress, Elizabeth Menteith, co-heiress of Lennox and Rusky :

" At Edinburgh, the 24 day of December, the year of God 1611, it is apoyntit,
agreeit, and finallie contractit, betwixt Johnne Napier of Merchiston on the ane
pairt, and James Campbell of Laweris, Coline Campbell of Aberurquhill, and
Johnne Campbell their brother-germane, on the uther pairt, in manner, forme,
and effect as eftir followis ; to wit, forsamekill as baith the saids parteis respect-
ing and considdering the mutuall amitie, friendship, and guidwill quhilk hes
been thir divers yeiris bygane betwixt the Lairds of Merchiston and Laweris
and their houssis, and willing that the lyk kyudness, amitie, and frendship, sail
still continew betwixt thame in tyme coming ; thairfoir, the saidis James Camp-
bell of Laweris, Coline and Johnne Campbellis thair breither, faithfully pro-
mittis, that in case it sail happin the said Johnne Napier of Merchistoun, or his
tennentis of the landis within Menteith and Lennox, to be trublit or oppressit
in the possessioun of thair said landis, or their guidis and geir, violentlie or be
stouth of the name of M'Grigour, or ony utheris heilland broken men ; in that
case, the said James, Coline, and Johnne Campbellis to use thair exact dilligence
in causing searsch and try the committaris and dears of the said crymes ; and,
on the uther pairt, the said John Napeir of Merchistoune promittis and oblissis
liim and his airis to fortifie and assist with the saidis James, Coline, and
Johnne Campbellis, in all their leisum and honest effairis, as occasioun sail offer;
and herit baith the said parteis faithfullio promittis, binds, and oblissis thame,
hinc bide, to utheris. In witnes of the quhilk thing (-written be George Ban-
erman, servitor to Antone Quhite, writer in Edinburgh), baith the said pairties
have subscryvit this presentis with thair hands, day, yeir, and place foirsaid,
befoir thir witnesses ; Johnne Napier, sonne lauchful to the said Laird of Mer-
chistoun ; Alexander Menteith, his servitour ; William Campbell, sone naturrell
to the said Laird of Laweris ; and the said George Bannerman.

James Campbell of Laweris.
Jhone Nepair of Merchistoun.
JnoNE Campbell of Ardewiiane.
CoLEiNE Campbell of Aberurquhill.— 'E.'\

INDEX.

Abbeys, or Monasteries, founded, i.
70, 71 ; observations on the objects
and utility of, ib.

Abbot, George, Archbishop of Canter-
bury, absolves the Marquis of Huntly
from excommunication, iii. 23'2 ;
complaint against for this act, ib. ;
defended by James VI., iii. 232, 233 ;
letter of, to Archbishop Spottiswoode
in explanation of his conduct, iii. 233,
234, 235.

Abel, Arch-Dean of St Andrews, elect-
ed Bishop of St Andrews, i. 88 ; conse-
crated at Rome by Pope Innocent IV.
i. 89 ; death of, ib. ; character of, ib.

Aberdeen, Bishops of, i. 199-210, 235-
239.

Diocese of, i. 59.

King's College and University

founded, i. 207.

General Assembly at, iii. 235.

Abernethy, the burial place of the

Scottish St Bridget or St Bride, i.
22 ; the alleged capital of the Pictish
kingdom, i. 46.

Achaius, King of Scotland, and Char-
lemagne, King of France, alleged
league of, i. 41.

Adam, Bishop of Caithness, i. 85.

Adamnanus, Bishop, account of, i. 35, 36.

Adamson, Patrick, titular Archbishop
of St Andrews, opposition of the
Presbyterians to, ii. 202, 337 ; death
and character of, ii. 415.

Adrian, first Bishop of St Andrews,
killed, i. 51.

Aidanus, Bishop, converts the Saxons,
i. 27, 28 ; death of, i. 28.

Aidanus, King of Scotland, i. 17, 18 ;
crowned by St Columba, i. 18 ; vic-
tory over Brudeus, King of the Picts,
i. 19; death of, i. 19,21.

Albany, Robert Stuart, first Duke of,
Regent, conduct of, i. 122, 123.

Alcuinus, celebrity of, i. 42, 43.

Alexander I., Iving of Scotland, letter
of, to Radolph, Archbishop of Canter-
bury, to send a successor to Turgot,
Bishop of St Andrews, i. 65.

complains of the Archbishop of

York, ib.

Alexander I., founds Scone and Inch-
colm Abbeys, i. C8.

benefactions of, ib.

Alexander II., accession of, i. 84; coro-
nation of, ib. ; protects the Church
of Scotland against the demands of
Rome, ib. ; death of, i. 88 ; interred
at Melrose, ib. ; inscription on his
tomb, ib.

Alexander III., accession of, i. 88;
death of, i. 94 ; death of all the chil-
dren of, ib.

Alexius, Sub-Dean of the Roman See,
arrival of, i. 79.

Alpin, King, killed, i. 45.

Alwinus, Bishop of St Andrews, i. 54.

Amphibalus, first Bishop at lona, i. 6.

Andrew, St. the Apostle, relics of,
brought to Scotland, i. 8, 9 ; mira-
culous appearance of, i. 44, 45.

Andi-ews, St. constituted the seat of
the chief Bishop of Scotland, i. 46.

Bishops of, i. 51-193 ; i. 227-230.

Diocese of, limits of, i. 59.

Bishops of, consecrated at York,

i. 65.

Priory of, founded, i. 71.

constituted a royal burgh, ib.

Cathedral, founded, i. 72, 73.

Cathedi-al, destroyed, i. 276.

murder of Cardinal Beaton in the

Castle of, i. 164, 165.

Archbishopric, constituted by Pope

SixtusIV., i. 116; opposition to the
primacy of, ib.

contests for the Archbishopric of,

i. 122, 123.

Castle, siege of, i. 166, 173 ; sur-
render of, i. 174.

University of, founded, i. 112, 113;

first Professors in, ib.

New College, or St Mary's Col-
lege, founded by Archbishop James
Beaton, i. 134.

state of the University of, iii. 66,

67 ; resolutions concerning the Uni-
versity of, ib.

dissensions in the Presbytery of,

in the case of Leuchars parish, ii. 416,
417.

Andrewes, Dr Lancelot, successively

294

INDEX.

Bishop of Chichester, El)', and Win-
chester, preaches at the opening of
tho Hampton Court Conference, iii.
177 ; opinion of, on tlie ordination of
presbyters witliout bishops, iii. '209.

Angelramus, or Ingelramus, Bishop of
Glasgow, i. 73.

Angus. Archibald Douglas, eighth Earl
of, death and character of, ii. 389,
390.

Angus, William Douglas, tenth Earl of,
escape of, ii. 423 ; •submits to the
Church, iii. Gi ; retires to France, iii.
208 ; death of, ib.

Anne of Denmark, Qneen of James VI.,
coronation of, ii. 408.

state entrance of, into Edinburgh,

ii. 408 ; death of, iii. 258.

Arbnthnot, Alexander, Principal of
King's College, Aberdeen, death of,
ii. ;U!) ; account of, ib.

Archbishops of St Andrews and Glas-
gow, rules for the residence and visi-
tations of, iii. 210. See Bishops.

Argv 11, foundation of the Diocese of, i.
194.

Bishops of, i. 225, 226, 258, 259.

Argyll, Archibald Campbell, seventh
Earl of, appointed Lieutenant of The
Isles for six months, iii. 192 ; autho-
rized to extirpate the Clan Gregory
or Macgregor, iii. 213,214 ; becomes
a Roman Catholic, iii. 257 ; exiled,
ib. ; suspected of a design to disturb
the country, ib. ; allowed to return to
England, ib.

Armstrong, William, called Kinmonth
Willie, seized by the English, and im-
prisoned in Carlisle Castle, iii. 1, 2 ;
rescue of, by Scott of Buccleuch, iii.
2, 3, 4.

Arnold, Abbot of Kelso, Bishop of St
Andrews, i. 72.

Arran, James Hamilton, second Earl
of, appointed Regent, i. 141 ; de-
nounced by the clergy .as a favourer of
heretics, i. 143; resigns the regency, i.
182. Sec Chatelhcrault (Duke of).

Arran, James Hamilton, third Earl of,
eldest son of the Duke of Chatelhcr-
ault, disorderly conduct of, i. 323 ;
opposes the Roman Catholic service,
ii. 7 ; rumoured violence intended by,
to Queen Mary, ii. 1 5 ; informs Queen
Mary of a design to murder the Earl
of Moray, ii. 1 7 ; examined before the
Privy Council, ib.; supposed insanity
of, ib.

Arran, title of Qarl of, restored to the
right possessor, ii. 334.

Arran, Earl of. ^o Stewart (Captain
James.) "^

Articles, tho Five, sanctioned in the
General Assembly at Perth, iii. 255,
256, 257.'
Ascension Day, Festival of, enjoined to

be observed, iii. 257.
Assembly, General, at Linlithgow, iii.
183 ; proceedings of, iii. 184-187.

Assembly, how to be convened, and the
constituent members of, iii. 211.

at Glasgow in 1609, acts of, rati-
fied by the Parliament, iii. 217, 218.

at Aberdeen, resolutions of, iii.

235, 236, 237 ; opposition of the min-
isters to the resolutions of, iii. 241-
245.

at Perth, iii. 252 ; commissioners

to, ib. ; letter from James VI. to, iii.
252, 253, 254 ; the Five Articles en-
acted in, iii. 255, 25G, 257 ; ratifica-
tion of in Parliament, iii. 261.

Athelstane, an alleged King of the West
Saxons, or of Northumberland, de-
feated and killed, i. 44, 45.

AthoU, John Stewart, fourth Earl of,
deatli of, ii. 263 ; said to have been
poisoned by the Earl of Morton, ib.

Augustine, arrival of, in Britain, i. 22 ;
sent by Gregory VII. to convert the
English Saxons, ib. ; converts King
Ethelbert, ib. ; demands to be recog-
nised as the only Archbishop of
Britain, ib. ; labours of, i. 22, 23 ;
troubles caused by, and death of, i.
22, 23.

Babington, Anthony, a Roman Catho-
lic gentleman, conspiracy of,in favour
of Queen Mary against Queen Eliza-
beth, ii. 349.

Bagimont's Roll, notice of the list of
Scottish benefices enumerated to pay
taxes in, i. 93.

Balcanqual, Walter, one of the min-
isters of Edinburgh, preaches against
the Duke of Lennox, ii. 284 ; defends
himself, ib. ; flight to England, ii.
31.5.

Baldred, St. of the Bass, known as the
Apostle of East Lothian or Hadding-
tonshire, account of, 1. 21.

Balfour, Sir James, one of the mur-
derers of Henry Lord Darnley, ap-
pointed keeper of Edinburgh Castlo
by the Earl of Bothwell, ii. 49.

Balfour, Sir Michael, first Lord Bal-
four of Burleigh. See Burleigh.

Baliol, John, King of Scotland, coro-
nation of, i. 97; opposes Edward I.
of iMigland, i. 98 ; compelled to sub-
mit, ib.

Balmerino, James Elphincstone, first
Lord, arrested on a charge of high
treason, and sent to Scotland, iii. 197,
i;»8, 199; trial of, iii. 202, 203, 204 ;
conviction of, iii. 204 ; sentenced to
be executed, ib.; remission, ib.; death
of, ib. ; character of, iii. 205. See
Elphincstone (.Sir James).

Balnaves, Henry, of Hallhill, i. 144,
167.

Baneho, or Banquo, murder of, i. 57,
58.

Bancroft, Dr Richard, Archbishop of
Cantcrbury,opiuion of, on the ordina-
tion of presbyters without bishops,
iii. 209.

INDEX.

295

Bane, James, elected Bishop of St An-
drews, i. 109.

Baptism of James VI. in Stirling Cas-
tle, account of the, ii. 41, 42.

Baptism, Sacrament of, regulations for
the administration of, in public and
private, iii. 255, 256.

Barlow, Dr William, successively
Bishop of Rochester and Lincoln,
preaches at the opening of the Hamp-
ton Court Conference, iii. 177.

Beaton, Cardinal David, Archbishop of
St Andrews, history of, i. 134-10"5 ;
assassinated in the Castle of St An-
drews, i. 164, 165 ; murderers of, i.
163.

Beaton, James, Archbishop of Glasgow,
elected Archbishop of St Andrews, i.
123 ; death of, i. 134 ; founder of St
Mary's or the New College, St An-
drews, i. 1 34.

Beaton, James, Archbishop of Glasgow,
death of, iii. 139 ; account of, iii. 139,
140.

Bedford, Francis Russell, second Earl
of, arrives in France from Queen
Elizabeth, ii. 1.

Bellarmine, Cardinal, controversy of,
with James VI., iii. 197. See Bal-
meriuo (Lord) or Elphinestone (Sir
James).

Benedict XIII., Pope, obedience of
Scotland to, i. 111.

Benham, David, elected Bishop of St
Andrews, i. 87.

Binning, Sir Thomas Hamilton, first
Lord, afterwards Earl of Melrose
and Earl of Haddington, preferments
of, iii. 214, 215. See Hamilton (Sir
Thomas).

Bishops, Scottish, and clergy, proceed-
ings of, in ecclesiastical affairs, i. 84,
85 ; complaint to Rome against Car-
dinal Guallo, ib. ; privileges to the,
conferred by Pope Honorius III.,
i. 86.

Bishops-Elect, Scottish, at Rome,i. 91.

Bishops, Scottish, lists of, i. 227-261.

Bishops, Scottish, act for the restitution
of, in all the Dioceses, iii. 176 ; ex-
planation of, ib.

consecration of three, in the Chapel

of London House in 1609, iii. 209;
speech of James VI. to, ib. ; objec-
tions to the consecration of, without
episcopal ordination discussed, ib.

regulations for the election of, iii.

211.

position and duties of, in the Gen-
eral Assemblies, stated by James VI . ,
iii. 241.

address of James VI. to, at St An-
drews, iii. 245.

Bishoprics, Scottish, internal state of
the, iii. 82.

Blacater, or Blackadder, Robert, Bi-
shop of Glasgow, first Archbishop of
Glasgow, i. 120.

Black, or Blake, David, minister at St

Andrews, treasonable sermons of, iii.
1 3 ; reviles Queen Elizabeth, ib. ;
case of, iii. IS, 16, 18, 19.

Blackness Castle, sale of, ii. 1 75.

Blanks, the Spanish, account of the
device and intention of the, ii. 425, 426.

Boece, or Boethins, Hector, first Prin-
cipal of King's (Jollege and Univer-
sity, Aberdeen, notice of, i. 135.

Bocrnellus, a Scottish Bishop, favours
marriage of the clergy, i. 54, 55.

Bohemia, the war in, iii. 259.

Bonifacius, arrival of, in Scotland, i.
37, 38.

Borders, fends on the, ii. 198 ; state of
the, ii. 259.

Borthwick, Sir John, prosecution of, i.
138 ; charges of heresy against, i.
138, 1.39 ; flight of, i. 139 ; condemna-
tion of, ib.

Bothwell, Adam, Bishop of Orkney,
marries Queen Mary to Bothwell, ii.
54 ; deposition of, ii. 83; history of,
note, ii. 71-80 ; reponed, ii. 93.

Bothwell, James Hepburn, fourth Earl
of, hatred to Lord Darnley, ii. 41 ;
the favourite of Queen Mary, ib. ;
plots of,ii. 16; accusations of, against
the house of Hamilton, ib. ; resolves
to murder the Earl of Moray, ii. 17 ;
impi'isoned in Edinburgh Castle, ii.
18 ; recalled from exile, ii. 26 ; again
plots to murder the Earl of Moray,
ib. ; flight to France, ib. ; publicly
accused as the principal murderer
of Lord Darnley, ii. 47, 48; alleges
that the Earls of Moray and Morton
were the contrivers, ii. 48 ; im-
peached by the Earl of Lennox, ii.
49 ; imprisonment of, ib. ; offers him-
self for trial, ib. ; secures Edinburgh
Castle, ib. ; mock trial of, ii. 49, 50 ;
names of the jury on,ii. 50; acquitted,
ib. ; reasons foi% ib. ; popular hatred
to, ii. 51 ; gives an entertainment to
the nobility, ib. ; seizes Queen Mary,
ib. ; conveys her to Dunbar Castle,
ib. ; divorced from his Countess, ii.
52 ; marriage of, to the Queen, ii. 54;
combination against, iii. 55 ; pro-
clamation against, ii. 57,58 ; flight of,
ii. 62 ; retires to Orkney, ii. 81 ; pur-
suit of, ii. 82 ; escape of, ib. ; impri-
sonment and death of, in Denmark,
ii. 1 38.

Bothwell, Francis Stewart, Earl of,
conduct of, ii. 333; denounced a rebel,
ii. 395 ; imprisoned, ii. 398 ; escape
of, ii. 412 ; forfeited and declared a
traitor, ii. 412, 413; plots of, ib. ; at-
tempts of, against James VI., ii. 417-
419 ; retires to the North, ii. 419 ;
invades James VI. at Falkland, ii.
421, 422 ; adventures of, ii. 423, 424;
surprises the King in Holyrood Pa-
lace, ii. 422, 423, 424, 425.

Bowes, Sir William, arrival of, as am-
bassador from England, at Edin-
burgh, iii. 79.

296

INDEX,

Boyd , James, titular Archbishop of G las-
gow, ii. 1 7'2 ; death of, ii. 257.

Brechin, Bi:^llopric of, founded, i. G9.

Bishops of, i. ilJ, -213, •24-2--24'l.

Brice, Bishop of Moray, i. 85.

Brigida, St, commonly called St Bride,
sanctity of, i. 22 ; born in Caithness,
ib. ; death of, ib. ; interred at Aber-
nethy, ib.

Brigida, a native of Sweden, notice of,
i. 22.

Britain, Archbishop of, the exclusive
title of, claimed by Augustine, i. 22.

Britain, introduction of the Gospel into,
i. 2.

Britons, defeat of the, by the Scots and
Picts, i. 11.

Britons and Saxons, conflicts of, i. 26.

Bruce, King Robert, account of, i. 103-
107 ; death of, i. 107.

Bruce, Robert, minister at Edinburgh,
popularity of, ii. 379 ; crowns Queen
Anne, ii. 408; conferences of, with
James VI., iii. 7, 8 ; banished from
Scotland, iii. 90; pardoned, iii. 103.

Brudeus, King of the Picts, i. 18, 19 ;
killed, i. 45.

Buccleuch,Sir Walter Scott, first Lord
Scott of, surprises Carlisle Castle, iii.
2, 3, 4 ; imprisoned, iii. 5. See Arm-
strong, alias Kinmont Willie.

Buckeridge, Dr John, successively Bi-
shop of Rochester and Ely, preaches
at the opening of the Hampton Court
Conference, iii. 177.

Buchanan, George, opinions of, on the
episcopal order refuted, i. 13; impri-
soned in the Castle of St Andrews,
i. 134 ; escape of,ib.; appointed joint
preceptor to James VL, ii. 223; death
of, ii. 299 ; account of, i. 299, 300.

Buchanan, Thomas, minister of Ceres
in Fife, death of, iii. 77.

Burleigh, Sir ^Michael Balfour, first
Lord Balfour of, ojiposes a grant of
money to James VI., iii. 218; dis-
missed from the Privy Council, ib. ;
challenges Lord Scone, ib. ; impri-
soned in Edinburgh Castle, ib.

Caithness, Bishopric of, founded, i. 59.

Bishops of, i. 21b-, 217, 218, 248,

249.

Earl of, ordered to suppress a re-
bellion in Orkney^ iii. 220 ; lands at
Kirkwall, and besieges the Castle, ib.

Calderwood, David, banishment of, iii.
247.

Candida Casa, or Galloway, Bishops of,
i. 12 ; origin of the name of, ib.

Canon, Paschal, noto on the, i. 47-50.

Carmelites, fii-st appearance of, in Scot-
land, i. 9) ; settle at Perth, ib.

Carnegy, David, of CoUuthie, death of,
iii. 77.

Carthusian monastery at Perth founded,
i. 113.

Cathedrals, Scottish, enjoined to bo re-
paired by the Bishops, iii. 210.

Cary, Sir Robert, address of, to James
VI., ii. 3(J3, 3(;4.

Censures, Church, how to be adminis-
tered, iii. 210, 211.

Chancellor of Scotland, remarks on the
oflSce of, in early times, i. 82, 83.

Charlemagne, King of France, alleged
league of, with Achaius, King of Scot-
land, i. 41.

Charles I., birth of, iii. 91 ; proposed
marriage of, to the Infanta of Spain,
iii.2G5 ; proceeds to Spain, ib. ; mar-
riage of, frustrated, iii. 26G, 2C7, 2G8 ;
returns to England, iii. 268.

Charterhouse. See Carthusian Monas-
tery.

Chatelherault, Duko of, and others, re-
tire to England, ii. 32 ; interposition
of Queen Elizabeth in favour of, ib. ;
opposes the government of the Regent
^loray, ii. 107-112 ; imprisoned, ii.
112 ; released, 123 ; death of, ii. 199.

Chattan, Clan, or Macintosh, support
Queen Mary on her arrival at Inver-
ness, ii. 21.

Chilianus, travels of, i. 36.

Chi-istianity, introduction of, into Scot-
laud, i. 2.

earlv preachers of, in Scotland, i.

8, 11, 12, 14,15,16,17.

Christmas Day, Festival of, ordered by
James VI. to be observed in Scot-
land, iii. 248, 249, 257.

Church, General Assembly of the, peti-
tions of the, against Popery, ii. 28, 29.

General Assembly, replies of, to

Queen Mary, ii. 33, 34.

General Assembly of the, indigna-
tion of, ii. 43, 44.

Assembly, letter of, to the Church

of England, ii. 44, 45, 46.

Assembly, articles ratified by the,

ii. 65, 66, 67.

new arrangements of the, ii. 167,

168, 171, 172.

policy of the, ii. 233-256; presented

to the Parliament, ii. 256.

General Assembly, quarrel of, with

the Court of Session, ii. 413, 414.

questions proposed for the regula-
tion of the, iii. 41-45.

orders for the internal government

and discipline of, iii. 210, 211, 212.

protestation to James VI. against

alterations in the service of, iii. 242,
243, 244.

Church rents, divisions of, ii. 15.

Churches, parish, plundered and de-
faced, i. 372.

Civil war, cruelties practised in the, ii.
174,175.

Clement, Bishop of Dunblane, i. 87.

Clergy, celibacy of the, controversy on,
i. 54, 55.

Cockburn, Patrick, notice of, i. 192.

Coldinghani Abbey constituted aPriory,
i. 65.

Colman, disputation of, on tho obser-
vance of Easter, i. 29-34.

INDEX.

297

Columba, St, notice of, i. 14,

return of, to Scotland from Ireland,

i. 17.

companions of, i. 17.

crowns Aidanus, King of Scotland,

i. 18.

retires to lona, i. 18.

piety of, i. 19.

death of, ib.

burial-place of, ib.

Commission, lli^h Court of, in Scotland,
forecclosiastical causes, instituted, iii.
210 ; objects and regulations of, iii.
210, 211, 212 ; number of members of,
iii. 212 ; mode of proceedings of, iii.
212, 213 ; privileges and duties of the
members of, ib. ; proclamation of, ib.;
uupopularity of, ib.

Confession of Faith, ratification of, in
Parliament, ii. 83.

Confirmation, rite of, enjoined to be ob-
served, iii. 256.

Congallus II. King of Scotland, account
of,i. 16,17.

Congregation, the Scottish Reformers
so styled themselves, i. 267.

resolutions of the,i. 274 ; proceed-
ings of, i. 277, 278.

Lords of, articles accepted by the,

i. 285, 286.

Constance, Council of, decision of the,
i. 111.

Constantine II., convention held at
Scone by, i. 52.

Convallanus of lona, account of, i. 21.

pupils of, i. 21, 22.

Convallus of Inchinnan, predictions of,
i. 21.

Coronation of Anne of Denmark op-
posed as a Jewish ceremony, ii. 407 ;
performed at Holyrood, ib.

Council, general, of ail Bishops of Chris-
tendom summoned by Gregory IX.,
i. 88.

Council, Scottish Privy, rules to be ob-
served by the, iii. 212, 213.

Couper, John, minister of Edinburgh,
insolence of, ii. 356.

Couper, William, Bishop of Galloway,
and Dean of the Chapel - Royal,
preaches the funeral sermon on the
death of Archbishop Gladstaues in
the parish church of St Andrews, iii.
227; opposes the intended ornaments
in the Chapel-Royal of Holyrood at
Edinburgh, iii. 239; reproved by the
King, ib. ; preaches before James VI.
at Dumfries, iii. 248; death and char-
acter of, iii. 258.

Crab, Gilbert, notice of,i. 135, 13G.

Craig, John, one of the ministers of
Edinburgh, refuses to proclaim the
bans of marriage between Queen
Mary and the Earl of Bothwell, ii.
52, 53, 54.

compiles a Confession of Faith by

order of James VI., ii. 2G8.

death and cliaracter of, iii. 91, 92;

life of, iii. 92-94

Craigmillar Castle, proceedings at,
against Darnley, called the " Confer-
ence of Craigmillar," ii. 41.

Cranstoun, Sir William, deprived of the
command of the Border troops, iii.
214 ; created a peer by the title of
Lord Cranstoun, ib.

Cratilinth, King of Scotland, i. 4, 5, 7.

Craw, Paul, burnt for heresy at St An-
drews, i. 112.

Crossraguel, Abbot of. See Kennedy
(Quintin).

Crusades, notices of the, i. 80, 81.

Culdees, account of, i. 6.

extinction of the, i. 101.

Cumin, or Comyn, family of, influence
of, i. 84.

Cupar-Fife,hostile meeting of the Lords
of the Congregation against the
Queen Regent near, i. 277.

Dalgliesh, Nicol, minister at St Cuth-

bert's, imprisoned, ii. 321.
Daruley, Lord, arrival of, ii. 25; notice

of, ii. 25.
meets Queen Mary at Wemyss

Castle, ii. 25.

rumoured marriage of, to Queen

Mary, ii. 26.

created Duke of Rothesay, ii. 27 ;

marriage of, to Queen Mary, ii. 31 ;
proclaimed king, ib. ; resorts to the
preaching of John Knox, ib.

quarrels of, with Queen Mary, ii,

35 ; contemptuous treatment of, by
Queen Mary, ii. 40, 41, 42, 43.

illness of, ii. 43 ; removed to Glas-
gow, ib.; supposed to be the efiects of
poison, ib.

removal of, from Glasgow to Edin-
burgh, ii. 47 ; murdered, ib. ; perpe-
trators, ii. 48.

D'Aubigny, Lord, arrival of, ii. 266 ;
created Earl of Lennox, ib. ; Esme
Stuart. See Lennox (Duke of).

David I. King of Scotland, munificence
of, i. 69, 70, 71 ; defence of, i. 70.

David, a presbyter, notice of, i. 71, 72.

Davidson, John, opposes coronations,
ii. 407.

extraordinary letter of, to tho

General Assembly, iii. 97, 98.

Deans of Chapters, Scottish, duties of,
iii. 211.

Denmark, embassy to, against Both-
well, ii. 138.

Dinmure, Sir John, Knight, excommu-
nication of, i. 90.

Dioceses, Scottish, regulations for the
government of, iii. 210.

Discipline,orChurchfolicy, First Book
of, i. 331-371, framed by John Knox,
i. 371 ; ratified, i. 373.

Donald I. King of Scotland, conversion
of, i. 2, 4.

dissolute government of, i. 52.

Donald IV. King of Scotland, i. 27.

Donaldbane, flight of, i. 57.

Dordrecht, or Dort, Synod of, iii. 258.

298

INDEX.

Doughty, Thomas, impostures of,i. 137,
138- "

Douglas, Archibald, Provost of Edin-
burgh, imprisoned, ii. 1-1.

Douglas, Archibald, executed, ii. 314.

Douglas, Archibald, one of Darnley's
murderers, acquitted, ii. 343.

Douglas, Gavin, Bishop of Dunkeld,
notice of, i. 122.

Douglas, James, of Torthorwald, kills
Captain Stewart, iii. 40.

Douglas, John, Carmelite Friar, be-
comes a reformed preacher, i. liJG,
264 ; appointed by the influence of the
Regent Morton titular Archbishop of
St Andrews, ii. 172 ; death of, ii. 2(12.

D'Uysell, Jlonsieur, sent to England, ii.
2; interview with Queen Elizabeth,
ii. 2.

Druids, account of the, i. 4, 5.

Dunbar, George Home, Earl of, rebukes
certain of the disaffected Presbyterian
ministers in Perth, iii. \76 ; threat-
ened at Edinburgh by the burgesses,
iii. 1 7.5 ; resolves to adjourn the Par-
liament to Perth, ib. ; death and
character of, iii. 214.

Dunbarton Castle, extraordinary seiz-
ure of, ii. 15.5.

Dunblane, Bishopric of, founded, i. G9.

Bishops of, i. 21.% 214, 215, 244-0.

Duncan I. King of Scotland, murdered,
i.57.

Dunfermline Abbey church built, i. GO.

Dunfermline, Alexander Seton, first
Earl of, death of, iii. 2G3.

Dunkeld, Bishopric of, founded, i. 69.

Bishops of, i. 193-199, 231-234.

Duns Scotus, Joannes, account of, i.
107, 108, 109.

Dunstan, Archbishop, remarkable es-
cape of, i. 55.

Durham Cathedral, foundation of, i.CO.

Durie, John, imprisoned for sedition, i.
273 ; banished from Edinburgh, and
confined to the town of Montrose, ii.
315 ; death and character of, iii. 82,
83.

Eadmcnis, monk of Canterbury, Bishop
of St Andrews, i. CG, G7.

account of, ib.

Easter. See Canon, Paschal.

Easter, early observance of, in Scot-
land, i. 3, 22, 23, 24, 25, 29.

controversy on the observance of,

i. 29-34.

Festival of, enjoined by royal au-
thority to be observed in the Scot-
tish Church, iii. 257.

Echadius, or Ethodius, brother of King
Eugenius, flight of, i. 9.

Edelfrid,King of Northumberland, mur-
ders twelve hundred monks, i. 23.

Edgar, King of Scotland, coronation of,
i. G5.

munificence of, ib.

Edinburgh, riot at, i. 2C5, 2G6.

proceedings at the election of the

Magistrates, ii. 14 ; Provost of, impri-
soned and deposed, ib.

Edinburgh Town Council, enactnients
of, against Popery, ii. 14.

Castle resigned to Bothwell, ii. 4.').

town of, occupied by the confeder-
ated Nobility, ii. 57.

Castle, siege of, ii. 192 ; surren-
dered, ii. 193.

riot at, iii. 32.

deplorable condition of, iii. 57.

four additional ministers appoint-
ed to, iii. 259.

conduct of some citizens of, against

the Established Church in, iii. 268,
269.

Edward, Bishop of Aberdeen, i. 72.

Edward 1. of England, negotiations
with, i. .95, 96.

Edward VI., death of, i. 182.

Eglinton, Hugh Montgomery, fourth
Earl of, killed by certain Cunning-
hams, ii. 345; revenged by his brother
Robert, ii. 346.

Eglinton, Hugh Montgomery,fifth Earl
of, death of without issue, iii. 217 ; his
disposal of his honours and estates to
Sir Alexander Seton, his cousin, ib.

Elders, Lay, ofiice of in parishes un-
scriptural and unecclesiastical, iii.
211.

Elizabeth, Queen, proceedings of, ii. 2 ;
attempts to intercept Queen Mary,
ii. C ; audiences with, on Queen
Mary's affairs, ii. 351, 352, 353 ;
reasons assigned by, for condemning
Queen Marv, ii. 352, 353 ; letters of,
to James V"l., ii. 362, 363 ; friendly
letter of, to James VI., iii. 38, 39 ;
last illness and death of, iii. 1 10.

Elizabeth, Princess, daughter of James
VI., birth of, iii. 9 ; baptism of, iii.
19 ; marriage of, iii. 218, 219.

Elphinestone, James, afterwards Lord
iSalmerino, appointed collector of the
revenues, ii. 469. See Balmerino
(Lord).

Elphinestone, William, Bishop of Aber-
deen, account of, i. 20G, 207,208, 209 ;
founder of King's College, Aberdeen,
i. 207.

England, affairs of in IGOl, iii. 94, 95 ;
league with, ii. 346, 347, 348 ; Church
of, opposition to the, iii. 241-245.

Englisli, ravages of the, on the Scottish
Borders, ii. 1"8.

Episcopacy, opposition to the establish-
ment of, iii. 1 62 ; arguments for, iii.
177 ; discussions on, iii. 241-245.

Erthus, i. 9.

Erskine, John, of Dun, notice of, i. 131 ;
deathof, ii. 412.

ErroU, Francis Hay, eighth Earl of,
absolved, iii. C2.

submission of, iii. 208.

Ethelbcrt, King of the English Saxons,
conversion of, i. 22.

Ethelfrid, King of Northumberland,
killed, I. 26.

INDEX.

299

Ethclfrid, conversion of the children
of, jn Scotland, i. 2G.

Ethodius, King of Scotland, i. 4.

Eucharist, or Sacrament of the Lord's
Supper, ordered to be received in a
kneeling attitude, iii. 255 ; private
administration of, to the sick and in-
firm in their houses, allowed, iii. 255.

Eugenius III., Pope, act of, repealed by
Malcolm III., i. 59.

Eugenius,King of the Picts, killed, i. 7.

Eugenius, King of Scotland, i. 11.

Eugenius IV. King of Scotland, i. 26.

Excommunication, letter of James VI.
to the Scottish bishops and clergy on
the censure of, pronounced against
fugitives for capital crimes, iii. 215,
21G ; discussions of the bishops and
clergy on the King's letter in refer-
ence to, iii. 216, 217.

Exchequer, Scottish, affairs of the, ii.
466-469.

Faith, the " Tvropeuny," origin of the
designation, i. 182.

Ferguson, David, minister of Dunferm-
line, death of, iii. 77.

Feredith, Kiu^ of the Picts, sacrilege
of, at St Andrews, i. 43 ; killed, 45.

Fergus, King of Scotland, victories of,
i. 9, 10, 11.

Fiacre, Prince, story of, i. 39, 40, 41.

Fife, Synod of, opposition of, iii. 189 ;
denounced, ib.

Fiuanus, Bishop, labours of, in North-
umberland, i. 28, 29.

opposed byRoraanug,orConanus,ib.

death of, i. 29.

Fincomarchus, King of Scotland, i. 7.

Fleance, escape of, i. 58.

Fogo, John, monk of Melrose, speech
of, against Benedict XIII., i. 111.

Forbes, William, minister at Aberdeen,
afterwards first Bishop of Edinburgh,
api)ointed one of the ministers of
Edinburgh, iii. 259.

Forfar, meeting of the Estates at, i. 59.

Forman, Andrew, Bishop of Moray,
elected Archbishop of St Andrews, i.
123; death of, ib.

Forrest, Henry, notice of, i. 129 ; burnt,
i. 130.

Forrester, David, murder of, ii. 4G5.

Fothadus, Bishop of St Andrews,). 5G.

Francis II. of France, letter of, to Lord
James Stuart, i. 288.

France, ambassadors from, insulted by
the Presbj'terian ministers, ii. 297, 298.

Eraser, William, elected Bishop of St
Andrews, i. 94 ; consecrated at Rome
bv Pope Nicolas III., ib. ; death
of, i. 100, 101.

Frederick II. imprisons the Bishops of
St Andrews and Glasgow in Ger-
many, i. 88.

French, military proceedings of the, in
Scotland, i. 176, 177.

Galfrid, Bishop of Dunkeld, i. 87.

Galloway, Diocese of, limits, i. 5.0.

Bishops of, i. 224, 225, 256-258.

Galloway, Patrick, three petitions of,

to James VI., ii. 409, 410 ; speech of,

to James VI., iii. 104.
Gameline elected Bishop of St Andrews,

i. 89 ; troubles during the episcopate

of, ib. ; death of, i. 91.
Germany, princes of, ambassadors to

the, iii. 75, 76 ; opinions of, on the

claims of James VI. to the English

crown, ib.
Gilbert, Bishop of Caithness, i. 87.
Gladstanes, George, minister at Arbir-

lot, removed to St Andrews, iii. 64 ;

appointed Bishop of Caithness, iii.

82 ; Archbishop of St Andrews in

1606, iii. 177; death and character

of, iii. 227.
Glammis, John Lyon, eighth Lord,

Chancellor, killed, ii. 221.
Glasgow, Diocese of, limits, i. 59.

Bishops and Archbishops of, i.

219-224,251-256.

Archbishopric of, constituted, i.

120.

Cathedral of, saved by the Incor-
porated Trades, ii. 259.

General Assembly at, iii. 205 ;

proceedings of, iii. 206, 207, 208.

Glencairn, Alexander Cunningham,
fifth Earl of, demolishes the orna-
ments in Holyrood Chapel, ii. 62 ;
commended by the Reformed preach-
ers, ii. 62 ; denounced by the Queen's
party, ib.

Glencairn, James, seventh Earl of, en-
counters Lord Seton at Perth, iii.
175.

Glenlivat, battle of, ii. 458, 459, 460.

Godricus, Bishop of St Andrews,!. 65.

Good Friday, or Passion-Day, enjoined
to be observed, iii. 257.

Gordon, Alexander, keeper of Inver-
ness Castle, executed, ii. 21.

Gordon, Sir John, imprisonment of, ii.
18 ; executed, ii. 23.

Gordon, John, a Jesuit, drowns himself
at Ailsa Craig, iii. 61.

Gourlay, Norman, burnt, i. 131.

Gowrie, William llutlivcn, first Earl of,
treasonable conduct of, ii. 308 ; im-
prisonment of, ii. 309 ; disclosures of,
ii. 310, 311; petition to James VI.,
ii. 311, 312 ; trial of, ii. 311, 312, 313 ;
conviction and execution of, ii. 313 ;
penitence of, ii. 314.

Gowrie, John Ruthven, third Earl of,
iii. 84-88.

Gowrie Conspiracy, iii. 84-88 ; disbe-
lieved by the ministers of Edinburgh,
iii. 89, 90 ; sermon on, by Patrick
Galloway at the cross of Edinburgh,
ib.

Grieme, Regent of Scotland, i. 11.

Graham, John, Lord Hallyards, con-
duct of, ii. 413, 414 ; killed, ii. 421.

Graham, Patrick, Bishop of Brechin, i.
1 15 ; elected bishop of St Andrews,

300

INDEX.

ib.; account of, ib.; constituted Arch-
bishop of St Andrews, i. 116 ; iia- ,
prisonment of, i. 118 ; death of, ib.

Graham, William, executed, ii. 414. '

Gray, Patrick, blaster of, afterwards
seventh Lord Gray, sent to England,
11. 324; exertions of, for Quceu Mary,
ii. 353 ; design of, to kill Lord Thirle-
stane and others, 37'2 ; informs Sir
William Stewart of his purpose, ib. ;
quarrel with Stewart before the King,
lb. ; accused of advising the execu-
tion of Queen Mary, ib. ; imprison- ,
ment of, lb. ; banishment of, ii. 373.

Gregorius, Bishop of St Andrews, 1. !
5(), 57. i

Gregory VIL Pope, sends Augustiue
to Britain, 1. 22. ;

Gregory XV., letter of, to Charles, ;
Prince of Wales, afterwards Charles
I., on his projected marriage with |
the Infanta of Spain, iii. 2t>6, 267 ; '
reply to the letter of, iii. 267, 268. |

Gregory, King of Scotland, munificence :
of, 1. 52, 53. :

Gregory, William, notice of,i. 136. i

Gregory, or Macgrcgor, clan, ordered I
to be extirpated, iii. 213, 214. |

Guallo, or Waldo, papal legate, places i
Scotland under interdiction, 1. 84 ; ]
the sentence remitted, ib. I

Gundomar, the Spanish ambassador, |
favours the project and maiTiage of i
Prince Charles to the Infanta ofi
Spain, iii. 265.

Gunpowder Plot, the, iii. 165-173.

Guthrie, John, minister of Perth, re-
moved to Edinburgh, iii. 259.

Hamilton, Catharine, trial of, at Holy-
rood Abbey, for heresy, 1. 1 30.

Hamilton, Duke of, ii. 16. See Chatel-
herault.

Hamilton, Gavin, Bishop of Galloway,
consecrated, iii. 209.

Hamilton, Gawin, Abbot of Kilwinning,
Imprisonment of. In Stirling Castle,
ii. 18.

Hamilton, Sir James of Finnart, execu-
tion of, i. 140, 141.

Hamilton, James, of Bothwellhaugh,
assassinates the Regent Moray at
Linlithgow, Ii. 119, 120; escape of, ib.

Hamilton, James, first Marquis of,
death of, iii. 26.') ; character of, ib. ;
suspected to be poisoned, ib.

Hamilton, John, Abbot of Paisley, 1.
143 ; elected Archbishop of St An-
drews, 1. 166 ; proceedings of, i. 78-
180.

letter of, to the Earl of Argyll,

1. 264.

advice of, on tlie proceedings of the

Reformers, sent to John Knox, i. 371.

imprisoned for hearing and saying

mass, li. 23.

apprehended in Dunbarton Castle,

ii. 154.

executed on Stirling Bridge, ii. 155.

Hamilton, John, Abbot of Paisley,
dying declaration and character of,
li. 155.

Hamilton, Lord, popularity of, ill. 32.

Hamilton, Patrick, Abbot of Fearn, ac-
count of, i. 124 ; opinions of, 1. 124,
125 ; trial of, for heresy, i. 125,
126 ; martyrdom of, 1. 126, 127; fate
of promotes the Reformation In Scot-
laud, i. 127, 188.

Hamilton, Sir Thomas, Lord 'Advocate,
afterwards Earl of Melrose, and first
Earlof Haddington, constituted Lord
Clerk Register and Secretary of
State, Iii. 214; sent as a Commis-
sioner from James VI. to the Gen-
eral Assembly in 1617, iii. 248.

Hampton Court Conference, Iii. 142,
143,144, 176-181.

deputation from Scotland to the,

Hi. 177.

sermons preached at the opening

of, iii. ib.

speech of James I. at, iii. 178.

discussions at, iii. 178, 179, 180.

Harlow,William, a Reformed preacher,

1. 183.
Harold, Earl of Orkney and Caithness,

cruelty inflicted on the Bishop of

Orkney by, i. 80 ; punishment of the

Earl and his family, 1. 82.
Harding, a Minorite Friar, speech of,

for Benedict XIII., i. 111.
Hay , Sir Alexander, Lord Advocate, ap-
pointed Lord Clerk Register, iii. 214.
Hay, Sir George, afterwards Viscount

Dupplin and Earl of Kinnoull, and

Lord Chancellor, iii. 245.
Hengustus. See Hergustus.
Henry II. of France, death of, 1.

284.
Henry II. of England, proceedings of,

against Malcolm III. i. 74, 75.
Henry III. of England, accession of, 1.

84.
Henry VIII., proceedings of, 1. 139,

140.
Henry, Prince, birth of, 11. 447 ; bap-
tism of, ib. ; death of, iii. 218.
Hepburn, James, Earl of Bothwell. See

Bothwell.
Hepburn, John, Prior of St Andrews,

notice of, i. 122.
Herbert, Bishop of Glasgow, 1. 73.
Hergustus, King of the Picts, patron of

Regnlns, i. 8.

conversion of, ib.

Heriot, Adam, minister of Aberdeen,
death and character of, ii. 197, 198.

Herries, Lord, speech of, to James VI.
on the state of the Borders, ii. 260,
261 ; proposals of, ii. 261, 262 ; op-
posed by Lord Maxwell, ii. 262, 263.

Hewct, Peter, one of the ministers of
Edinburgh, selected to present the
protestation against Episcopacy to
the Parliament, iii. 244 ; rebuked by
Archbishop Spottiswoode, iii. 245 ;
apologizes for his conduct, lb.

INDEX.

301

Hildebert, a Scottish Bishop, notice of,

i. 15.
Holyroodhouse Chapol, riots at, ii. 7, 8.

24, 25.

marriage of Queen Mary to Lord

Darnley iu, 11. 31 ; opposition to the
Improvements In, lii. 238, 239.

Home, David and Patrick, condemned

and executed, ii. 321.
Honorlus, Pope, letter of, to the Church

of Scotland on the observance of

Easter, 1. 24.
Howie, Robert, appointed Provost of St

Mary's College, St Andrews, iii. 190.
Hugo, Bishop of St Andrews, i. 78, 79 ;

death of, i. 80, 82.
Hungus, King of the Picts, munificence

of, i. 43, 44, 45.
Huusdon, Henry Caroy, first Lord,

assures James VL that Queen Eliza-
beth never sanctioned Queen Mary's

execution, ii. 378.
Huntly, George Gordon, fifth Earl of,

appointed Lord Chancellor, ii. 14 ;

becomes Popish, Ii. 15.
plots of, against the Earl of Moray ,

ii. 16 ; resolves to murder him, 11. 18.

influence of, iu Inverness, ii. 21.

rebellion of, 11. 21, 22 ; defeated

and killed, 11. 23.

Huutly, George Gordon, sixth Earl and

first Marquis of, imprisoned, ii. 23 ;

forfeited, lb. ; restored, 11. 26.
murders the Earl of Moray, ii. 419,

420.
conditions proposed to, iii. 13, 14 ;

submission of, 62.

disaffection of, ill. 192 ; submission

and liberation of, iii. 208 ; turbulence
of, lii. 230 ; absolved from excom-
munication by Archbishop Abbot of
Canterbury, ill. 232 ; submission and
reconciliation of, in the General As-
sembly held at Aberdeen, iii. 235.

Icolumkil, origin of the name of, i. 6.
See lona.

Ingelram. See Angelramus.

Innocent III., Pope, gifts of, to King
William II., 1. 82 ; privileges to the
Church of Scotland conferred by, lb.

Inverness, Queen Mary at, 11. 21 ; sur-
render of the castle of, ib.

lona, or Icolumkil, Island of, i. 6, 8.

seat of the Bishops of the Isles, i. 6.

Ireland, first name of, 1. 15, 16.

Isles, Bishops of The, original title of
the, 1. 6.

Bishops of The, first cathedral

church of, 1. 6.

Bishops of The, 1. 226, 259-261.

feuds in The, between M'Nelll and

Maclean, account of, ii. 344, 345.

submission of The, iii. 5.

attempt to colonize with Low-
landers, iii. 101 ; failure of, iii. 103 ;
renewed, iii. 165 ; second failure of,ib.

James I., of Scotland, returns from

captivity In England, i. 113 ; munifi-
cence to the University of St An-
drews, ib. ; murdered, ib.
James V., anecdote of, 1. 130.

death of, 1. 141.

James VI., birth of, ii. 40.

baptism of, 11. 41 ; account of the,

ii. 42.

proclaimed King, ii. 68 ; corona-
tion of, ib.

conveyed to Stirling Castle, ii. 49.

assumes the government, ii. 208.

signs John Craig's Confession of

Faith against the Church of Rome,
il. 288.

disputes of, with the Presbyterian

ministers, ii. 266, 267, 268.

seizure of, at Ruthven, ii. 289-291.

accused of Popery, ii. 315.

letters of, to Queen Elizabeth In

favour of his mother, ii. 349, 350, 351.

remonstrances of, to Queen Eliza-
beth In behalf of his mother, ii. 353.

singular attempt of, to reconcile

his nobility, ii. 374.

arrangements for the marriage of,

11. 378.
marches' against the insurgent

nobihty, ii. 396.

returns to Edinburgh, ib.

resolves to proceed to Denmark

and celebrate his marriage, ii. 400.

declaration of, ii. 400, 401, 402,

403, 404.

sails to Denmark, ii. 404.

marriage of, to the Princess Anne,

ii. 404.
returns to Scotland, ii. 406.

opposition to the coronation of the

Queen of, ii. 407.

replies of, to the General Assem-
bly's three petitions, ii. 409, 410.

conference of, with the ministers,

iii. 8,9, 11, 12.

proclamation of, against the minis-
ters who had resorted to Edinburgh,
iii. 17.

contentions of, with the ministers,

iii. 20-31.

assailed at Edinburgh, iii. 32 ;

indignation at, ib.

pardons the citizens, and returns

to Edinburgh from Linlithgow, iii.
36, 37.

letter of, to the Earl of Huntly, iii.

47, 48.

pecuniary wants of, ill. 78, 79.

right of, to the crown of England,

disputed, iii. 80.

publishes his Basilicon Doron,

ib.

feuds with the ministers of Edin-
burgh, iii. 81.

urges a new metrical version of

the Psalms, ill. 98, 99.

accession of, to the crown of Eng-
land, ill. 110.

letters from the Privy Council of

England to, iii. 133-136.

302

INDEX.

James VI., prepares for his journey to '
England, iii. 137, 138.

chooses his attendants, iii. 138.

addresses the people in St Giles'

church, Ediuburgh, ib.

arrives iu London, iii. 139.

coronation of, iii. 141.

assumes the title of King of Great

Britain, iii. 156.

speech of, at the Hampton Court

Conference, iii. 178.

letters of, iii. 181,18-3.

letter of, to the General Assem-
bly held at Linlithgow, iii. 183, 184.

answers of, to the complaints of

the General Assembly held at Lin-
lithgow, iii. 187, 188, 189.

letters to, from General Assembly,

iii. 195, 196, 197.

speech of, to the three Scottish

Bishops respecting their consecration
in 1609, iii. -209.

institutes the High Court of Com-
mission in causes ecclesiastical in
Scotland, iii. 210,211,212.

proclamation of, against turbu-
lent persons, iii. 213.

letter to the Scottish Bishops and

clergy on excommunicated fugitives,
iii. 215, 216.

defends Archbishop Abbot for ab-
solving the Marquis of Huntly, iii.
232, 233.

instructions of, on the Sacraments

of the Eucharist and Baptism, and
on Confirmation, iii. 236, 237.

visits Scotlapd, iii. 239.

speech of, to the Parliament, iii.

240.

declaration of, on the position of

the Scottish Bishops in the General
Assemblies, iii. 241.

allows a certain number of minis-
ters to advise the Bishops in the Gen-
eral Assemblies, ib.

speech of, to the Scottish Bishops

at St Andrews, on the Scottish
Church, iii. 246.

leaves Scotland, iii. 247, 248.

letters of, to the Archbishops of

St Andrews and Glasgow, enjoining
the observance of Christmas in Scot-
land, iii. 248, 249, 250.

letter from, to the General As-
sembly at Perth, iii. 252, 253, 254.

opinions of, on Scottish ecclesias-
tical affairs, iii. 262, 263, 264, 265.

injunctions of, on special points

of doctrine and discipline, iii. 263,264.

defends himself against the charge

of inclining to Popery, iii. 264, 265.

death of, iii. 270.

character of, and poetical eulo-

gium on, by Dr Morley, iii. 270, 271.

Jesuits, proclamation against, ii. 395.

Scottish, attempts of, iii. 95, 96.

106, 107.

proclamations against, iii. 182,

1.04, 195.

Jesuits, arrival of, ii. 378.

proceedings against, ii. 379.

Joceliuc, Bishop of Glasgow, i. 78, 79.

and others excommunicated, i. 79.

John, Bishop of Glasgow, retires for a

time to France, i. 74.
compelled by the Pope to return to

Scotland, ib.
John, Cardinal do Monte Coelio, arrives

in Scotland, i. 82 ; meets the clergy

at Perth, ib.
John, King of England, death of, i. 84.
Johnston, laird of, murdered, iii. 191.

Kellach, Bishop of St Andrews, i. 52.
Kellach, second of that name. Bishop of

St Andrews, i. 54.
Kennedy, James, Bishop of Dunkeld,

i. 113 ; elected Bishop of St Andrews,

ib. ; account of, i. 114,115; death of,

ib.
Kennedy, Quintin, Abbot of Crossra-

gncl, Confession of Faith by, ii. 15.
Kenneth, King, killed, i. 45.
1 L, King of Scotland, conquers the

Picts, i. 46.
enacts the Macalpine Laws, ib.

munificence of to the Ciiurch, ib.

Kenneth IIL, Kmg of Scotland, mur-
ders his nephew iVlalcolm, i. 55.

vision of, i. 56.

murdered, ib.

Kentigern, or St Mungo, account of, i.
20.

founder of Glasgow Cathedral, ib.

Ker, Sir Robert, son of Ker of Ferni-
hirst, appointed Lord High Treasu-
rer, iii. 214 ; created Earl of Somer-
set, ib. ; trial and condemnation of,
iii. 229, 230 ; pardoned, ib.

Ker, Sir Robert, of Ancrum, appointed
to command tho Border troops,
iii. 214.

Ker, William, of Ancrum, killed, ii.
411.

Killigrew, Sir Henry, arrival of, ii.
185.

King, Bishop, preaches at tho opening
of the Hampton Court Conference,
iii. 177.

Kinnatellus, King of Scotland, i. 18.

Kirkaldy, Sir William, of Grange, re-
ceives the surrender of Queen Mary
at Carbery, ii. 62.

appointed Governor of Edinburgh

Castle, ii. 82.

attacks Edinburgh, ii. 148.

fate of, predicted by John Knox,

ii. 182, 183 ; bombards Edinburgh
from the Castle, ii. 186,

and others executed, ii. 193 ; char-
acter of, ii. 194.

Kirkwall, Castle of, besieged by the Earl
of Caithness, iii. 220 ; surrendered,
ib. ; prisoners executed, ib.

Knox, John, joins the murderers of
Cardinal Beaton iu the Castle of St
Andrews, i. 167; history of, i. 168,
169,170,171,174, 183,184,185.

INDEX.

303

Knox, John, arrives in Scotland, i. 272;
preaches at Perth, ib.

speech of, against tho Queen

Regent, i. 301.

reply by, to the Abbot of Cross-

raguel, ii. 15.

summoned before the Privy Coun-
cil, for instigating a riot at Holy-
roodhouse chapel, ii. 24 ; violent
language to Queen Mary, ii. 25 ; re-
buked by the Earl of Morton, ib.

assails Lord Darnley in a sermon,

ii. 31 ; defends liimself, ib.

prediction of, ii. 121, 122.

visits his sons at Cambridge, ii.

44 ; carries a letter to the Bishops of
the Church of England, ib.

letter of, to the General Assembly,

ii. 167.
illness of, ii. 186; account of, ib.

address of, to the Earl of Morton,

ii. 181.

speech to the ministers, ii. 182.

death and burial of, ii. 183, 184.

History of the Reformation, on the

authenticity of, i. 375-378.

Lamb, Andrew, Bishop of Brechin,

consecrated, iii. 209.
Lamberton, William, elected Bishop of

St Andrews, i. 101 ; consecrated, ib. ;

death of, i. 107.

munificence of, i. 107.

Landel, or Landale, William, Bishop

of St Andrews, i. 109, 110.
Lanfranc, Archbishop of Canterbury,

encroaches on the independence of

the Scottish Church, i. 65.
Langside, battle of, ii. 87, 88; defeat of

Queen Mary's forces at, ib.
Laurentius, successor of Augustine, i.

23.
letter of, to the Church of Scot-
land, i. 23.
Lawson, James, successor of John

Knox, as minister of Edinburgh, ii.

180, 181, 182.
flight of, to England, ii. 315.

letter of, 317 ; death of, 318.

Leicester, Earl of, suggests that Queen

Mary should be poisoned, ii. 349.
letter of, to James VI., ii. 354,

355.
Leith, landing of Queen Mary at, ii. 6.

occupation of, i. 290-300 ; siege of,

i. 304, 305.

siege of, i. 317, 318, 319.

• surrender of, i. 321-325.

Treaty of, ii. 1,2, 3, 5.

Lennox, Matihew Stewart, fourth Earl

of, arrival of from England, ii. 25 ;
restored to his titles, ib. ; impeaches
Bothwell of the murder of Darnley,
ii. 49 ; reasons for his declining to
attend Bothwell's trial, ib.
elected Regent, ii. 134, 136, 137.

shot in a riot at Stirling, ii. 164,

165 ; death of, ii. 16p ; funeral of, ii.
168.

Lennox, Esme Stuart, Earl of, letter to
the General Assembly, ii. 273.

created Duke of Lennox, ii. 280 ;

quarrels with Arran, ii. 281.

attacked for Popery, ii. 284.

excommunicated, ii. 289 ; com-
pelled to leave Scotland, ii. 297 ;
death of, ii. 298.

Lennox, Ludovick, second Duke of, ar-
rival of, ii. 306 ; generosity of James
VI. to the family of, ib.

ambassador to France, iii. 100 ;

visits Queen Elizabeth, iii. 101 ; death
of, iii. 269.

Lermonth, Thomas, the Rhymer, notice
of, i. 93, 94 ; predictions of, ib.

Lesley, John, Bishop of Ross, death
and character of, iii. 55, 56.

Lindores, Laurence, inquisitor in Scot-
Jand, i. 112.

Lindsay, Sir David of the Mount, i.
144 ; account of, i. 192.

Lindsay, David, minister of Leith, mo-
derate conduct of, ii. 299.

imprisonment of, in Blackness, ii.

315.

marries James VI., ii. 404.

nominated Bishop of Ross, iii. 82 ;

continues to officiate as minister of
Leith, ib. ; ' death and character of,
iii. 22^, interred at Leith, ib.

Linlithgow, Regent Moray assassin-
ated at, ii. 119, 120.

Provincial Council at, i. 182.

General Assembly at, iii. 183.

Lollards of Kyle and Cunningham in

Ayrshire, opinions of, i. 120, 121 ;

proceedings against the leaders of

the,i. 121.
Lotliian, Superintendent of, anecdote of,

ii. 30. See Spottiswoode, John.
Lyons, Council of, acts of, i. 92.

Macbeth, usurpation of, i. 57.

built Dunsinane Castle, i. 59.

killed, ib.

Macbrair, John, notice of, i. 192.

Maccalzean, Sir Thomas, elected Pro-
vost of Edinburgh, ii. 14.

Macduff, Thane of Fife, account of, i.
58.

Macgregor (Clan). See Gregory (Clan).

Maitland, William, of Lethington, op-
poses the French influence, i. 306.

sent to England, ii. 8 ; interview

with Queen Elizabeth, ii. 8-14.

death and character of, ii. 193.

Major, John, notice of, i. 135, 169.

Malcolm II. defeats the Danes at Mort-
lach, i. 56.

death of, i. 62.

Malcolm III., flight of, i. 57.

crowned, i. 59.

deathof(1159), i. 73.

Maldwin, Bishop of St Andrews, i. 54.

Malisius, Bishop of St Andrews, i. 52.

second of tnat name. Bishop of St

Andrews, i. 54.

Malmore, Bishop of St Andrews, i. 54.

304

INDEX.

Malvoisin, William, Bishojp of Glas-
gow, translated to St Anclrews, i. 83;
character of, ib. ; death of, i. 83. :

Man, Isle of, foundation of the See of,
i. 5. !

Mar, John Erskine, sixth Earl of, of
the Family of Erskine, resigns Edin-
burgh Castle to Bothwell, ii. 49. j

elected Regent, ii. 168. ]

death of, ii. 179.

Margaret, St, Queen of Malcolm III.,
account of, i. 60, 61, 62.

sons and daughters of, i. 62.

character of, i. 62.

said to have built Carlisle Cathe-
dral, i. 62.

Margaret, the Maid of Norway, death
of, i. 9.5.

Margaret, Princess, birth of, iii. 76 ;
baptism of, ib.

Martin V., Pope, i. 111.

Mary of Guise, Queen Dowager of
James V., appointed Regent, i. 182,
183 ; conduct of, ib.

opposition of, to the Reformation,

i. 263, 264.

death of, i. 319.

Mary, Queen, birth of, i. 141.

letter of, to Lord James Stuart, i.

289.

illness of, in France, ii. 1.

interviewwith the Earl of Bedford,

ii. 1.

conversation with Sir Nicholas

Throgmorton, ii. 2, 3, 4.

departure of, from France, ii. 5.

lands at Leith, ii. 6.

popularity of, ii. 7.

adheres to the Roman Catholic ri-
tual, ii. 7, 8.

sends Maitland of Lethington to

Queen Elizabeth, ii. 8.

progresses of, ii. 14.

returns to Edinburgh, ib.

selects her Privy Council, ib.

offends the Protestant preachers,

ib.

revenues of, how increased, ii.

15.

protected by a guard of horse and

foot, ii. 16.
dislike of the Earl of Arran, ii. 16,

17.
favours her illegitimate brother

the Earl of Moray, ii. 16, 17.
proceedings of, at Falkland, ii. 17,

18.

letters to, from France, ii. 18.

interview proposed with Elizabeth

at York, ii. 19.

progress of, in the North, ii.

19.

visits Stirling, ii. 19.

petitions to, against Popery and

Popish churchmen, ii. 1 9.
answers to, and indignation at, ii.

19,20.
meets the Countess of Huntly at

Aberdeen, ii. 20.

Mary, Queen, proceeds to Inverness, Ii.
20, 21.

refused admission to the Castle of

Inverness, ii. 21.

enters the Castle of Inverness, ii.

21.

returns to Aberdeen, ii. 21.

hunts in the districts of Atholl and

Argyll.ii. 24, 25.

insulted at Holyroodhousc, ii.24.

first meeting with Lord Darnley,

ii. 25.

refuses to marry the Earl of Lei-
cester, ii. 25.

resolves to marry Lord Darnley,

ii. 26.

opposition to the marriage of, to

Lord Darnley, ii. 26, 27, 28. >

marriage of, to Darnley, sanctioned

by the Estates, ii. 27.

creates Darnley Duke of Rothe-
say, ii. 27.

replies to the Commissioners of the

General Assembly, ii. 29, 30, 31.

marriage of, to Lord Darnley, ii.

proclaims Lord Darnley as King,

ib.
opposed by some of the nobility for

proclaiming Lord Darnley as King,

ib.

rebellion against, ib.

proceeds to Stirling, ib.

proceeds to Glasgow, Paisley, and

Hamilton, ib.
and Darnley return to Edinburgh,

ii. 32.

visit Dumfries, ib.

proceed to Fife, ib.

return to Edinburgh, ib.

proceed to Dumfries, ib.

unpopularity of, ii. 35.

quarrels of, ib.

accouchement of, in Edinburgh

Castle, ii. 40.
congratulated by the General As-
sembly^, ib.

visits the Earl of Mar at Alloa, ib.

illness of, at Jedburgh, ii. 41.

hatred of, to Darnley, ib.

divorce of, from Darnley, proposed

at Craigmillar Castle to, and rejected

by, ii. 41.
removes Darnley from Glasgow to

Edinburgh, ii. 47.

is informed by Bothwell of the

murder of Darnley, ii. 48.

unfeeling conduct of, on that occa-
sion, ib.

led to Dunbar Castle by Bothwell,

ii. 51.

marries Bothwell, ii. 54.

popular indignation at, ii. 54, 55.

chooses a new Privy Council,

ii. 56.

visits the Borders, ib.

escape of, from Borthwick Castle,

ii. 57.
assembles her forces, ii. 58.

INDEX.

305

Mary, Queen, rebellion against, ii. 58.

issues a ])roclamatio!i defeudiug

herself and Botlnvell, ii. 58, 59.

• surrenders to the confederated no-
bility at Carbery,ii. (il, (ii.

conveyed a prisoner to Edinburgh,

ii. 62.

committed to Lochlcveu Castle,

ib,

alleged letters of, to Bothwell, ib.

compelled to abdicate, ii. 67, 68.

escape of, from Lochlcveu Castle,

ii. 85.

defeat of her forces at Langside,

ii. 87, 88.

■ flight of, to England, ii. 89.

imprisonment of, at Carlisle, ii. 89;

proceedings against, ii. 39, 109.

successes of her friends in Aber-
deenshire, ii. 1G9, 170; in Roxburgh-
shire, ii. 172, 173.

charged with Babington's conspi-
racy, ii. 349.

trial and condemnation of, ii. 3-19.

execution of, ii. 357-301.

and her Maidens, 7iote,iii. 111-117.

jMaxwell, John, sixth Lord, turbuleut

conduct of, ii. 325, 326, 330.
causes Mass to be said in Linclu-

den College, ii. 337 ; imprisonment of,

ib.
slain in a feud with the Johnstones,

ii. 446.
Maxwell, John, seventh Lord, quarrels

Merchiston Castle, sieges of, note, ii.

213-218.
Methven, Paul, Reformed preacher at

Dundee, i. 186, 266.
Mill, Walter, trial and martyrdom of,

i. 188-191.
Ministers, Reformed, stations of, i. 325.

at Edinburgh refuse to pray for

Queen Mary, ii. 356.

. ordered to be imprisoned, iii. 35 ;

flight of, ib.

imprisoned at Blackness, com-
plaints of, iii. 174, 175.

Presbyterian, exile of, iii. 112; de-
nounced, ib.

parochial, form for the ordination

and meetings of, iii. 210, 211.

duties of, in their parishes defined,

ib.

powers of, at meetings defined, ib.

protestation of, agaiust the rites

and ceremonies of the Church of
England, iii. 242, 243, 244.

Monasteries founded, i. 87.

destruction of, i. 28i), 281.

Monks, various orders of, brought into
Scotland, i. 87.

orders of, restored, i. 93.

1 Montgomery, Robert, minister of Stir-
ling, zeal of, ii. 281 ; unprincipled con-
duct of, ii. 282; denounced for accept-
' ing the titular Archbishopric of Glas-
j gow, ii. 282, 283 ; simony of, ib.; pro-
I ceedings agaiust, ii. 285-289.
of, with the Earl of Morton, iii. 191 ;• Moray, or Murray, Bishopric of,
imprisoned, ib. ; murders the Laird 1 founded, i. 59

of .lohuston, ib. ; beheaded, iii. 192.

Maxwell, John, minister at Mortlach.
appointed one of the ministers of
Edinburgh, iii. 259.

Matthew, Bishop of Aberdeen, i. 79.

May, Island of, purchased from the
Abbot of Reading, i. 101.

Melville, Andrew, first appearance of,
ii. 200 ; commences the disputes ou
church government, ib.

ingratitude of, ii. 257.

opposition to Episcopacy, ii. 257,

258.

advises the demolition of Glasgow

Cathedral, ii. 258.

hostility of, ii. 286.

seditious sermons of, ii. 308 ; flight

of, ii. 309.

conduct of, in a synod at St An-
drews, ii. 337-339.

opposes the ceremonial of corona-
tions, ii. 407.

defends his conduct in maintain-
ing Presbyterianism, iii. 179, 180.

libel? written by, aga iust theChurch

241

Bishops of, i. 210, 211, 212, 240,

James Stuart, Earl of, illegitimate

brother of Queen Mary, plots of
certain individuals to murder the,
ii. 17.

defeats the Earl of Huntly, ii. 22.

refuses to acknowledge Bothwell,

ii. 55; proceeds to France, ii. 56.

■ appointed Regent, ii. 68.

return of, from France, ii. 68.

visits Queen Mary at Lochleven,

ii. 69.

accepts the regency, ib.

opposition to, ii. 82, 112.

defeats Queen Mary's forces at

Laugside, ii. 87,88.

marches to Hamilton, ii. 89.

proceedings of, agaiust Queen

Mary, ii. 89-109.

troubles of, ii. 112, 1 13.

assassination of, ii. 119, 120.

character of, ii. 121, 122,

Moray, second Earl of, murdered in
Fife, ii. 419.
of England, iii. 182, 183 ; violence of, i Morley, Dr., of Corpus Christi College,

Oxford, poetical eulogium on the
character of James VI. by, iii. 271.

Mortlach, Bishopric of Aberdeen found-
ed at, i. 57.

Morton, James Douglas, fourth Earl of,
elected Regent, ii. 184, injunctions to,
ii. 185.

20

ib. ; iraprisoument of, ib ; death of,

ill. ; ingratitude of, ib.
Melville, James, defends the presbyte-

rian ministers, iii. 178, 179.

death of, iii. 190.

Melville, Sir Robert, sent to England on

behalf of Queen Mary, ii. 351.
VOL. III.

506

INDEX.

Morton, James Douglas, activity of, ii.
195.

avarice of, ii. 195, 196.

hated by the Presbyterian minis-

tcrs ii. li)7»

oppressions of, ii. 203, 204, 205.

resigns the regency, ii. 207.

unjustly accused of poisoning the

Earlof Atholl, ii.263.

troubles of, ii. 268, 271.

imprisoned in Dunbarton Castle,

ii. 272.

. trial of, ii. 276, 277 ; condemned,

ib. ; confession of, ii. 277, 278 ; exe-
cution of, ii. 279.

Moveanus, Bishop of St Andrews, ad-
vice of, to Kenneth 111., i. 56.

Mowbray, Francis, imprisoned, iii. 107;
killed in attempting to escape from
Edinburgh Castle, ib.

Murray, Sir Gideon, of Elibank, ap-
pointed Treasurer-Depute, iii. 214 ;
abilities of, ib.; excellent manage-
ment of, in the oflSce of, iii. 238.

Bishopric of. See Moray.

or Moray, Earl of, and Regent.

See Moray, and Stuart (.Lord James).

Napier, .Tohn, of Merchiston, note, iii.
117-131.

Niuian, St. account of, i. 11, 12.

first Bishop of Galloway, ib.

Niuian, St. built his cathedral church
at Whithorn, i. 11, 12.

Nobility, titles of, introduced, i. 57, 62.

Scottish, render homage to Ed-
ward I., i. 9o.

Scottish Roman Catholic, intrigues

of, ii. 392, 393.

Norfolk, Thomas Howard, fourth Duke
of, condemned, ii. 173.

Octavians, or officers of the Scottish
Exchequer appointed by James VI.,
conduct of, iii. 40.

Ogilvie, John, a Jesuit, trial and execu-
tion of, at Glasgow, for maintaining
the Papal supremacy, iii. 222-226.

Oliphant, Sir William, appointed Lord
Advocate, iii. 215.

Orkney, Bishops of, i. 219, 250, 251.

and Shetland, claimed by Den-
mark, i. .329; oppressions in, iii. 213.

Orkney, Patrick Stewart, Earl of, op-
pressions and tyranny of, in Orkney
and Shetland, iii. 213; imprisoned
in Edinburgh Castle, ib. ; charges
against, ib. ; sent to DumbartonC'astle,
iii.219; orders hisvassals in Orkney to
rebel, iii. 219,220; trial of, at Edin-
burgh for high treason, iii. 221 ; con-
viction and execution of, iii. 221,222.

Ormiston, John, executed as one of
Darnley's murderers, ii. 197 ; con-
fessions of, ib.

Oswald, King of the Saxons, pious zeal 1

of, i. 27.
Otholinia, now St Andrews in Fife,i. 8.
Ottobou, Papal Legate, opposition of

the Scottish dergv to the demands
of, i. 90.
Ovcrbury, Sir Thomas, account of the
murder of, iii. 227,228, 229 ; trial and
execution of the murderers of, iii.
229,230.

Palladius, arrival of, in Scotland, i. 12,
13.
-\ labours of, i. 13, 14.

Palatine, or Palsgrave, the Elector,
marries Princess Elizabeth, daughter
of James VI., iii. 218, 219.

Papists, severe proceedings against, ii.
'A 24.

complaints against, iii. 187.

Parliament, Scottish, at Berwick, i.
93.

articles presented to, i. 2(i7-271.

meeting of and discussion in 1560,

i. 325, 382.

of 1560, the validity of the, i. 378-

384.

held in Edinburgh, ratifies the

acts of the General Assembly at Glas-
gow in 1609, and rescinds and annuls
all previous acts of the Parliaments
opposed to the same, iii. 217,218.

Paternoster, dispute in St Andrews on
the, i. 180, 181,ir,2.

Patrick, St, account of, i. 140.

Patrick, Sub-Prior of Durham, ap-
pointed Abbot of Dunfermline, i. 82.

Peebles, cross church of, built, i. 91.

Pelagian heresy, i. 12.

Perth, assembly of the clergy at, i. 57.

Perth, siege of, i. 74.

convocation of the Scottish clergy

at, i. 82.

execution of heretics at, i. 147,

148.

monasteries in, destroyed, i. 271,

272.

encounter at, between Lord Seton

and the Earl of Glencairn, iii. 175 ;
parliament at, iii. 176.

Synod of, proceedings of, iii. 189 ;

prohibited to meet, ib.

Five Articles of, ratified in the

General Assembly at, iii. 255, 256,
2.57. See Articles, Assembly, Ascen-
sion Day, Christmas, Confirmation,
Eucharist, Good Friday, Easter,
\\'hitsunday.

Picts, join the Romans, i. 7.

battle with the Scots, ib.

subversion of the, i. 43, 44.

Pont, Robert, and others, proceedings
of, ii. 286, 315.

makes a general revocation of

church property, ii. 415, 416.

Preaching, lav. by young students, pro-
hibited, iii. '212.

Preston, meeting at, i. 284.

Psalms, new metrical version of the,
proposed, iii. 98.

Rad ol ph, Abbot of Melrose, consecrated
Bishop of Down in Ireland, i. 82.

INDEX.

307

Raleigh, Sir Walter, imprisoned for
high treason, tried, and convicted,
iii. 141.
Randolph, Sir Thomas, arrival of, ii.
271 ; intercedes for the Earl of Mor-
ton, ib.
Reformation, Scottish, rise and pro-
gress of, i. 1 1 2, et seq.

promoters of, i. '2(j3.

Reformers, Scottish, notices of, i. 131.

burnt at Edinburgh and Glasgow,

i. 132, 133.
Regulus, a Greek monk, story of the

arrival of, at St Andrews, i. 8.
Religion, state of, in Scotland, iii. 96,

97.
Rcsby, James, burnt for heresy at St

Andrews, i. 1 12.
Restalrig, Dean of, John Sinclair,
marries Queen Mary to Lord Darn-
ley, ii. 31.
Richard de Sancto Victore, notice of,

i. 71, 72.
Richard, Bishop of St Andrews, i. 74, 78.
Richard, Bishop of Dunkeld, patronizes

the Carmelites at Perth, i. 91.
Richmond, Ludovic, Duke of. See

Lennox.
Rizzio, or Riccio, David, secretary to
Queen Jlary, account of, ii. 26, 27 ;
promotes the marriage of Lord Darn-
ley to Queen Mary, ib.

murder of, in Holyrood Palace,

ii. 35-38 ; results of, ii. 39.
Robert, Prior of Scone, Bishop of St

Andrews, i. 68, 69.
Robert, Abbot of Dunfermline, deposi-
tion of, i. 82.
Robert II., coronation of, i. 110.
Roger, Archbishop of St Andrews, i.73.
Roger, elected Bishop of St Andrews,

1. 82.
Roger, John, a BlackFriar, killed, i. 149.
Rollock, Robert, presides at a General
Assembly at Dundee, iii. 53.

death of, iii. 77, 78 ; account of,ib.

Rome, appeals to, in the election to the

see of St Andrews, i. 79, 80.
Ross, Bishopric of, founded, i. 69.

Bishops of, i. 215, 216, 246-248.

Rough, John, a Reformer, notices of, i.

143, 144, 167 ; burnt, i. 172.
Row, John, minister of Perth, death

and character of, ii. 273, 274.
Rule, St, or Regulus, church of, at St

Andrews, founded, i. 8.
Rustandus, papal legate, opposition to,

i. 90.
Ruthven, Raid of, ii. 289, 291.

Sadler, Sir Ralph, arrival of, i. 142.

Sandilands, Sir James, of Calder, pre-
sents petitions from the Reformers to
the Queen Regent and Privy Coun-
cil, i.2G6, 267.

Sanquhar, Crichton, Lord, hires a per-
son to kill an English fencing-master,
iii. 215 ; trial and execution of, ib. ;
dissolute life of, at Paris, ib.

Saturday from twelve o'clock to Mon-
day morning to be observed as a holi-
day, i. 8:2.

Scoiic, Abbey of, destroyed, i. 279, 200.

Scot, John, elected Bishop of St An-
drews, not sanctioned by the king,
i. 78.

consecrated at Holyrood Abbey,

i. 79.

appointed Bishop of Dunkeld, i.

80.

Scot, John, impostures of, at Edinburgh,
i. 136, 137.

Scotland, conversion of, to Christianity,
i. 1,2,3,4.

converted to Christianity before

Ireland, i. 15.

original designation of, i. 16.

numbers of learned men in, i. 41,

42, 43.

Chief Bishop of, title of, i. 46.

Church of, disputes with the Arch-
bishops of York, i. 73.

Bishops and clergy of, cited to ap-
pear at Norham, ib.

Church of, gross corruptions in, i.

118, 119.

Reformation war in, i. 263-331.

political position of, at Queen

Jiary's arrival, ii. 6, 7.

civil war in, by Queen Mary's

party, ii. 156-162.
North of, feuds in the, ii. 410, 411,

424, 425.

High Court of Commission in

causes ecclesiastical instituted in.
See Commission (High Court of).

Privy Council of, number of mem-
bers of, and regulations to be observ-
ed by, iii. 212, 213.

Scots, the, defeated by the Piets, i. 7.

persecution of, by the Picts, ib.

Scots, exile of, i. 8.

conformity of, to the Britons in

rehgion,i. 24.

Scotsmen in Germany, notices of, i. 64.

Scotus, Joannes, i. 42.

or Erigeua, account of, i. 53, 54.

works of, ib.

death of, i. 54.

Scott, Michael, surnamed the " Wiz-
ard," notice of, i. 93.

Seaton, Alexander, Dominican Friar,
embraces the Protestant doctrines, i.
127 ; account of, ib.; flight of, i. 128,
129.

Sedulius, account of, i. 15.

Sempill, John, of Belltrees, severely
harassed by the Regent Alorton, ii.
203, 204.

Servanus, Bishop of Orkney, i. 20.

Seton, Sir Alexander, succeeds his
cousin the Earl of Eglinton, iii. 217;
prohibited by the King to assume the
title of Eglinton, ib. ; afterwards re-
cognised as Earl of Eglinton, ib.

Severus, Roman Wall of, between the
Forth and the Clyde, erection of,
i. 4.

308

INDEX.

Shevez, William, Archbishop of St An-
drews, account of, i. 117-1'21.
Simpson, Archibald, minister of Dal-
keith, signs the protestation against
the Church of England, iii. 244 ; im-
prisoned, iii. 247 ; submission of, iii.
250, 251.
Sinclair, John, afterwards Bishop of

Brechin. See Restalrig (Dean of).
Sixtus IV., Pope, constitutes St An-
drews an Archl'isliopric, i. IIG.
Smeton, Thomas, Principal of Glasgow
University, death of, ii. 319; account
of, ii. 320.
Sodor, Bishops of, origin of the title of,

i. 5, 6.
Somerset, Earl of, trial and condemna-
tion of, iii. 230 ; pardoned, ib. See
Ker (Sir Thomas).
Spain, intrigues of, in Scotland, ii. 378.
Spanish Armada, destruction of, ii. 387,

388.
Spanish Blanks, the, note, iii. 117.
Spottiswoode, John, Superintendent of

Lothian, death of, ii. 3l3(i, 337.
Spottiswoode, John, son of the Super-
intendent, appointed Archbishop of
Glasgow, iii. 140.

presides at a General Assembly,

iii. 205 ; consecrated at London, iii.
209 ; translated to St Andrews, iii.
227.
preaches before the General As-
sembly in 1617 at Perth, iii. 248.

letters to, from James VL, iii.

249, 250.

manuscript copies of his History of

the Church of Scotland, i. v-xvii.

life of, i. xxix-cxxxvi.

Sprot, George, execution of, for his
connexion with the Gowvie Couspi-
racy, iii. 199 ; confession of, ib.
Spyuie, Sir Alexander Lindsay, first

Lord, killed, iii. 190, 191.
Stephen, Prior of St Andrews, elected

Bishop of St Andrews, i. 110.
Stewart, Alexander,elected Archbishop
of St Andrews, i. 122 ; killed at the
battle of Flodden, ib.
Stewart, James, titular Archbishop of
St Andrews, election and death of, i.
121.
Stewart,Captain James, created Earl of
Arran, accuses the Earl of Morton of
Darnley's murder, ii. 271.

prolligacy of, ii. 280.

dismissed from the Chancellor-
ship, ii. 374.

killed, iii. 40.

Stewart, Thomas, son of Robert II.,
refuses the see of St Andrews, i. 111.
Storraout, Sir David Murray, Lord
Scone, first Viscount, appears as a
commissioner from James VI. to the
General Assembly in 1617, iii. 248.
Stuart, Lord James, sent to quiet the
Borders, ii. 16 ; created Earl of Mar,
ib. ; created Earl of Moray, ib. See
Moray.

Stirling, tumult at, ii. 331.

Stniiton, David, burnt for heresy, i. 131.

Struthers, William, one of the ministers
of Edinburgh, preaches against the
Church of England, iii. 241, 242 ; dis-
pleasure of James VI. at, ib.

Supremacy, Royal, in the General As-
semblies, to be regulated with tho
advice of the Bishops and a number
of the ministers, iii. 241.

Suteville, Dean of Dunkeld, rejected as
Bishop of St Andrews, i. 88.

Templars, Knights, origin of, and sup-
pression of the, in Scotland, i. 101,
102, 103.

Thirlstane, Sir John Maitland, first
Lord, accusations against, ii. 372 ;
appointed Chancellor, ii. 374.

death of, ii. 463, 464.

Thomson, Ale.xauder, minister of Cam-
buslang, appointed one of the minis-
ters of Edinburgh, iii. 256.

Throgmorton, Sir Nicholas, interview
of, with Queen Mary, ii. 2, 3, 4.

Thurstan, Archbishop of York, claims
of, i. 65-68.

Traill, Walter, Bishop of St Andrews,
i. 110.

Turgot, Bishop of St Andrews, i. 62, 63.

Tuthaldus, Bishop of St Andrews, i.
54.

Union, projected treaty of, with Eng-
land, rejected, iii. 192.

Veremundus, Archdeacon of St An-
drews, History of Scotland by, i. 64 ;
doubtful existence of, ib.

Vibianus, Cardinal, in Scotland, i. 78 ;
proceeds to Ireland, ib. ; returns to
Scotland and enacts unpopular can-
ons, ib.

Victor (Pope) sent no Qiristian preach-
ers to Scotland, i. 2, 3.

Wachop, or Wauchope, Robert, notice
of, i. 192, 193,

Wallace, Adam, trial and martyrdom
of, i. 178,179, 180.

Wallace, minister of St Andrews, iii.
62, 63, 64 ; death of, iii. 77.

Wallace, Sir William, account of, i.
100.

Walsingham, Sir Francis, Secretary of
State in England, letter of, to Lord
Thirlestano, ii. 3,55, 365-371.

Walter, Bishop of Dunkeld, death of,
i.79.

Walter, Bishop of Glasgow, i. 85.

Walthcuiius, Abbot of Melrose, refuses
tho Bishopric of St Andrews, i. 72.

Wardlaw, Henry, Bishop of St An-
drews, i. Ill ; character of, i. 112;
ei-ects the Guard Bridge over the
Eden in Fife, ib. ; death of, i. 1 1 3.

Welch, or Welsh, John, minister, trea-
sonable sermon of, iii. 33, 34.

Whitsunday, Festival of, enjoined to
be observed iu Scotland, iii. 257.

INDEX.

309

William, Bishop of Glasgow, i. 87.

William, a Friar, notice of, i. 143,
144.

William 11., King of Scotland (1165)
accession of, i. 75 ; invades England,
and is taken prisoner, ib. ; sent to
Normandy, ib. ; conditions for the
ransom of, i. 75, 80 ; death of, i. 83 ;
munificence of, ib. ; founder of Aber-
brothock Abbey, ib.; interred in that
Abbey, i. 84.

Willox, John, Franciscan Friar, ac-
count of, i. 183.

speech of, against the Queen Re-
gent, i. 300, 301.

Winyet, or Wingate, Ninian, questions

of, against the Confession of Faith,
ii. 15 ; flight of, ib. ; account of, ib.

Wishart, George, the " Martyr," his-
tory of, i. 150-1()'2; trial of, for heresy,
i. 15&' ; burnt, i. 161, 162 ; note on, i.
230, 231.

Wishart, William, elected Bishop of
Glasgow, i. 91 ; consecrated, ib.

Witches, prosecutions of, ii. 411, 412.

trials of, iii. 68, 69.

York, Archbishops of, claims of, to
jurisdiction over the Church of Scot-
land, i. 65-68, 71, 73, 76, 77, 78.

Young, SirPeter, preceptor with George
Buchanan to James VI., ii. 223.

VOL. III.

21

INDEX

TO

THE EDITORS' NOTES

AT THE END OF EACH BOOK OF THIS HISTORY.

NOTES BY BISHOP RUSSELL TO THE FIRST VOLUME.

BOOK I.

Page
On Paschal Canon, ....... 47

BOOK II.

Notes on the Catalogue of Bishops, . . . . .227

BOOK III.

L On the authenticity of Knox's History, .... 375

2. On the validity of the ParUament held at Edinburgh in the month of
August 1560, 378

NOTES BY MR NAPIER TO THE SECOND AND THIRD VOLUMES.

BOOK IV.
Some account of Adam Bothwell, bishop of Orkney, ... 71

BOOK V.

1. The Pest of 1568, 211

2. The King and Queen's Wars— Sir William Kirkcaldy of Grange-

Sieges of Merchiston Castle, ..... 213

BOOK VI.

1. Queen Mary and her Maidens— Scott of Buccleuch and Francis Mow-

bray (vol. iii.) . . . . . . . .111

2. The Spanish Blanks— Proceedings of the Kirk— Napier of Merchiston

and King James— Progress of Science, . . . . 117

BOOK VII.

1. Examination of the Postscript to the Gowrio Conspiracy, and of modern

historians on the subject, ...... 273

2. Contract against the Broken Men of the Highlands, ... 291